OLG Hamburg: Delayed action refutes presumption of urgency

In the context of summary proceedings under competition law, the Higher Regional Court of Hamburg ruled on the so-called presumption of urgency. According to this, in competition law it is generally presumed that a matter is urgent. The presumption is rebutted if the applicant himself indicates through his conduct that “he is not in a hurry”. This is usually the case if the applicant allows too much time to pass between becoming aware of an infringement and filing an application. According to theHigher Regional Court of Hamburg, the presumption of urgency is in any case rebutted in the necessary overall assessment if the applicant does not comply with a request from the court to supplement the submission until 5 ½ weeks after filing the application for an injunction without sufficiently comprehensible reasons(Higher Regional Court of Hamburg, judgment of March 21, 2019, Ref.: 3 U 105/18).