Braustüberl versus Google: the remarkable hassle to wait in line at the Tegernsee

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The herzogliche Bräustüberl Tegernsee has recorded with giants: Wirt Peter Hubert is suing the Internet giant Google. Basic information to alleged wait times. Because even if the restaurant is visited in upper Bavaria celebrity and a tourist hotspot, mostly good, don’t need to wait for guests, according to Hubert. According to Google, there were, however, often 15 minutes to 90 minutes even once. Here, guests praised at the same place on the Internet for the reviews, a “quick operation” and “Top Service”.

Google had taken the information in July while off the grid. According to Hubert’s attorney Thomas luck stone, the company has made no Declaration to cease and desist. This Wednesday (28. August) is now scheduled before the regional court of Munich I, the trial.

Even if Google had deleted the data, was not solved the Problem, says luck stone. “The mere fact that a legal injury is finished is not clear the so-called danger of repetition,” he says. Or easier: “The false information are currently far though. But, Google could publish them at any time.”

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Google had explained its details as follows: “The estimated wait times are based on anonymous data from people who have visited in the past, the Restaurant, similar to the “peak hours” and “visit duration”.” Companies may give over a Feedback Link. And: “We will investigate the case in addition, in order to improve Google Maps.”

According to Hubert, a Google had referred employees to an algorithm that is the same around the world. Guests were informed prior to the visit of the Bräustüberls on the Internet, which could deter the waiting time information. Hubert was not upset: “you know, that was switched on, you get told why the was switches. You can’t say that they don’t want to – and if it is wrong, you can’t correct it.” Google pointed to a Link under the companies feedback could provide.

Surprise guests had made the host of 2017 to the misleading Google carefully. Since then, the dispute goes on. It is not just the failure, according to Hubert, the wrong wait time information, but also to the basic legal question of whether a lawsuit against a US Corporation can be placed in the subsidiary in Germany.

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The service of the application to Google in Hamburg did not accept Google and, instead, to have its seat in the United States referred to, says luck stone. But foreign deliveries were time-consuming and expensive. The normal consumer would take action against Google, could not afford for this reason alone, such a claim usually says luck stone. It was “like a Firewall, with the help of Google against lawsuits by isolating himself”. Therefore, it is a question of principle and a precedent.

the court Comes to the conclusion that the action was not effective, and would have to call the brew house to the next instance. The court sees the action as delivered, and there is no representative from Google to appear, the court would decide only on the basis of the information provided by the Bräustüberls, probably with the better chances for the restaurant.

once negotiated, courts in Munich, in Parts similar case. The Verbraucherzentrale Baden-Württemberg fought against Microsoft, even here, it was a service of the application to Microsoft Germany instead of the US group headquarters of the upper district court of Munich evaluated in the second instance, as lawful. Luck stone is now a good chance. The responsibility for the Algorithms, and the legal tangibility of large corporations. It’s a basic clarification of must. If necessary, the legislature be asked.

Sabine Dobel / REUTERS topics in this article Google Tegernsee wait Bräustüberl operation of upper Bavaria, Munich regional court Munich armed Germany

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