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Is this something they can take to court and tie up in the court system while they continue to break the law? Not an expert on German law so forgive me if I'm

• Xylakant 12y ago
  AFAIK no. This is a court granted injunction and can be enforced. If Uber continues to offer services their court opponent needs to demand that it's enforced and then they could try and tie that up, but that's unlikely to fly. An appeal should not delay, though the injunction may be overturned later.
  • guan 12y ago
    I recall from Florian Mueller’s coverage of German patent cases that when a preliminary injunction is not immediately enforced once it is issued. The other party has to post a bond first, so that the enjoined party can recover damages if it later turns out that the injunction was wrongly issued. Is that also true in this case? That could explain why Uber will continue operating for now.
    • Xylakant 12y ago
      If the injunction was granted in error, the requesting party may be liable for damages. I don't know if a bond is required. This is how Über bullied the winning party into not enforcing the injunction last time they lost a similar case in Berlin. However, this time the opposing party is not a small 10 people company, but a larger union. I don't expect that this will work this time.