German court refers Meta case to European Court of Justice
The European Court of Justice must explain how far social platforms’ duty to remove content extends.
Follow-up to: German court examines Meta duty over fake memes Tuesday, 27 October 2026, 13:23
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Germany’s Federal Court of Justice has referred politician Renate Künast’s case against Meta to the European Court of Justice. The further assessment of whether Facebook itself must search for similar fake memes therefore depends on a ruling in Luxembourg.
The case centres on a post attributing a statement to Künast that she never made. The image was circulated on Facebook and later reposted in various forms. The dispute between Künast and Meta concerns how far the platform’s duty to remove content extends.
The dispute now concerns what may subsequently be expected of a platform. Künast believes that, after receiving one notification, Meta should also actively track down and remove substantively identical variants. Meta says it is sufficient to remove specific posts identified by a rights holder or affected person.
The Federal Court of Justice did not conclude the proceedings with its own ruling, but asked the European court for guidance. That guidance could clarify how European rules on the liability of online platforms should be applied to posts that are reposted or slightly altered.
The European question matters because a meme can easily be copied technically, while the meaning of a new version may change through a caption or additional text. An automated system can recognise images and textual similarities, but cannot automatically determine whether a variant contains the same unlawful assertion.
The case began in Germany, but the outcome could affect social platforms across the European Union. If platforms are required, following a specific notification, to search for similar variants as well, this could lead to more moderation and additional legal proceedings. A broader duty could at the same time reduce the burden on people who otherwise have to report every new copy separately.
When the European Court of Justice gives its answer, the German Federal Court of Justice will have to continue hearing the case. There is therefore still no final ruling on Künast’s individual claims. The German court is first awaiting guidance on European law.
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One story, several perspectives
What is established
- The Federal Court of Justice has referred the case to the European Court of Justice.
- The case concerns a false quotation and similar variants on Facebook.
- Meta and Künast disagree about the scope of the duty to remove content.
Left
Arguments Platforms with significant influence over public debate should, after being notified of proven unlawful content, also tackle copies and substantively identical variants. Responsibility should not rest entirely with individual victims.
Values Protection against disinformation, access to legal redress and reducing power imbalances between citizens and technology companies.
Consequences A broader duty could better protect victims, but would require more oversight, moderation and ways to challenge wrongful removals.
Centre
Arguments A clear boundary is needed between removing proven unlawful content and general surveillance of users. European guidance could provide a uniform, workable rule.
Values Legal certainty, proportionality and a balance between protection and freedom of expression.
Consequences A precise standard could clarify case law and company policies, but would probably require assessing the meaning of posts on a case-by-case basis.
Right
Arguments Platforms should not be required continually to determine which new posts are substantively identical to a previously reported post. This could lead to preventive censorship and give private companies too much power over political expression.
Values Freedom of expression, state restraint and individual users’ responsibility.
Consequences A limited duty to remove content protects against over-moderation, but may leave those affected with the burden of reporting every new copy again.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The article’s core is based on current reporting about the referral to the European Court of Justice and on the Federal Court of Justice’s description of the case. The text makes clear that the European referral is not a final ruling on the individual case.
- confirmed The Federal Court of Justice has referred Renate Künast’s Meta case to the European Court of Justice. — Current reporting by Tagesschau; the supplied update also mentions the same new development. source
- confirmed The case concerns a false quotation circulated via Facebook in several variants. — Tagesschau and the cited description of the Federal Court of Justice hearing. source
- confirmed No final ruling has yet been issued on Künast’s individual claims. — The referral means that the German court is first awaiting guidance on European law. source
Editor's note
It is certain that the Federal Court of Justice heard the case on 27 October and that the European guidance will determine how it proceeds. No substantive final ruling on Meta and Künast has yet been issued.Sources
- Muss Facebook rechtswidrige Memes aufspüren? — Tagesschau
- Verhandlungstermin am 27. Oktober 2026 in Sachen VI ZR 64/24 — Rechtsanwalt Dr. Übler, met verwijzing naar de persmededeling van het Bundesgerichtshof
The story so far
- Tuesday, 27 October 2026, 13:23 German court examines Meta duty over fake memes
- Tuesday, 27 October 2026, 16:54 German court refers Meta case to European Court of Justice (this article)
More on this in Dutch media
- NU.nl — „meta facebook”
- De Telegraaf — „meta facebook”
- de Volkskrant — „meta facebook”