Liability of the search engine operator for search results?

While liability of host providers has already been decided by BGH and OGH, the question of the conditions under which Google & Co are liable for illegal content on linked pages has not yet been decided. A direct liability of the search machine operator was denied because it is not the search engine’s own unlawful content. The defendants are only liable indirectly, if the applicants have duly informed them of the infringement and the search engine continues to show the illegal content. [OLG (Higher Court of Appeal) Köln 13.10.2016, 15 U 173/15 (not legally binding)]

• [„BGH” is the German Supreme Court; “OGH” is the Austrian Supreme Court.]