BGH: No obligation to check user comments in advance

However, HolidayCheck does not have to bear the costs of a warning letter if the review is removed immediately and future infringements are prevented. This was decided by the BGH in March (case no. I ZR 94/13). The BGH is thus fortunately continuing its case law according to which liability for warning costs only exists from the time of knowledge and no proactive monitoring obligations are imposed on the internet portal operator. At the time of the emergence of internet forums, case law still imposed very rigid monitoring obligations: Anyone who could not monitor all forum posts in advance, even at night, would have to downsize their internet portal or hire appropriate staff.