proceedings against the disadvantages that would arise if the preliminary injunction were issued but the constitutional complaint were to be unsuccessful in the principal proceedings. The challenged decisions concern the granting of interim legal protection in a private law dispute between private actors relating to the scope of rights of the operator of a social network, which has considerable market power in Germany. According to established case-law of the Federal Constitutional Court, fundamental rights in such disputes may have a bearing on such disputes by way of indirect horizontal effects. In this case, difficult legal questions are at issue; these must be decided in principal proceedings. The weighing of consequences pursuant to § 32 of the Federal Constitutional Court Act comes down in part in favour of the applicant. The consequences that would arise if the applicant were denied access to its Facebook page but the respondent in the original proceedings were obliged to reopen access clearly outweigh the consequences that would arise if the respondent in the original proceedings were temporarily obliged to restore access but restricting access and disabling the profile were justified. In any event, this applies to the period up to the European elections, for which the applicant has shown particular urgency. The exclusion from using the respondent’s services, which, according to the respondent’s advertising, are used by more than 30 million people in Germany every month, denies the applicant an essential opportunity to promote its political messages.

Select target paragraph3