The provider of the obesity app Oviva Direkt had appealed against a judgment of the Regional Court of Potsdam. The appeal has now been dismissed by the Higher Regional Court of Brandenburg.
The background was a lawsuit by the Wettbewerbszentrale (German centre for combating unfair competition), which had objected that a letter sent by Oviva to GP practices by fax constituted inadmissible advertising. The court accordingly did not regard the letter as a lawful form of advertising and thereby upheld the first-instance judgment. This means that the judgment against Oviva stands and the attempt to challenge it on appeal has definitively failed.
Handelsblatt reports on it: Gerichtsurteil: Brandenburger Oberlandesgericht weist Berufung von Oviva zurück