The plaintiff is a lawyer and offered her apartment for private sale on eBay, indicating her telephone number.
The plaintiff was approached by more than 80 brokers.
An employee of the defendant, who is a real estate agent, called the plaintiff and asked whether the defendant was allowed to present the apartment to her customer in a non-committal way and free of charge.
The plaintiff considered the call to be an unreasonable harassment within the meaning of Section 7 (2) No. 2 UWG and found her general right of personality to be infringed as a result.
The Court of First Instance (Landgericht) granted the injunction applied for, and upheld the action in its subsequent judgment.
The defendant filed an appeal before the court of appeal (Oberlandesgericht).