The Munich Higher Regional Court has confirmed the decision of the lower court: In its ruling of April 29, 2019 (4 HK O 14312/18), the Munich Regional Court had ruled that the Instagram posts of the defendant influencer Cathy Hummels did not constitute disguised advertising. She was acting commercially because she was linking to and promoting her own company through the posts. However, this was recognizable for the targeted public and therefore not subject to labelling requirements. It was also decisive that she did not receive any consideration for the linking. The OLG now agreed with this view and denied both unfair conduct by Hummel and a commercial act. In view of the fundamental importance of the matter and the different case law on the subject, the OLG allowed an appeal to the Federal Court of Justice.