Higher Regional Court of Oldenburg confirms injunction against animal rights activists

The slaughterhouse operator subsequently sued the two activists before the Regional Court of Oldenburg. The Regional Court classified their actions as trespass and in June 2025 prohibited both from re-entering the facility. It also found a duty to pay damages "in principle" for damages arising from the trespasses and from the distribution of the film in which the woman commented on the recordings; it also ordered the female activist to cease further distribution of the film, which was accessible via the animal rights organization's homepage.

Background: Trespass and film material

On appeal, the Higher Regional Court confirmed that the activists' intrusion onto the slaughterhouse was unlawful. Regarding the stunning method, the OLG stated on Tuesday: "Die CO2-Betäubung ist vom Gesetzgeber anerkannt und muss daher grundsätzlich hingenommen werden." There was no justifying state of emergency, for instance from an animal welfare perspective. The court pointed out that the animal rights organization should have chosen the path of political and public processes.

The OLG, however, partially agreed with the activists on certain points and modified the first-instance judgment accordingly. It classified an injunction against the man regarding publications on social media as too far-reaching because it also covered future distributions. It was unclear whether such distributions would be unlawful. The woman is accordingly only required to cease distributing certain recordings herself. According to the Higher Regional Court, a "letting be distributed" is not covered by the injunction because legally there is no so-called initial act that would establish a risk of repetition.

Court's reasoning on CO2 stunning and state of emergency

Both sides had filed appeals on points of law (Revision) against the Regional Court of Oldenburg's judgment from July of the previous year. An appeal on points of law against the OLG's decision was not permitted. The court did not have to rule on specific claims for damages; the exact amount is reserved for separate proceedings. According to its own figures, the slaughterhouse operator is claiming just under 100,000 euros in damages.

In its reasoning, the court referred to the principle that information obtained unlawfully may not be published by the person who carried out the unlawful procurement. According to the court, the significance of the information for the formation of public opinion did not "clearly" outweigh, for example, the disadvantages of the unlawful procurement for those affected. Anyone who wants to change the practice and trigger a public debate about it may not obtain the material for discussion contributions through "infringements of others' rights."

Damages and open questions

The activists also published a post with excerpts on Instagram. The OLG ruled that both activists must, in principle, pay damages at least for the distribution of the recordings via Instagram. The legal situation regarding distributions beyond that remains open. The exact damages will be determined in separate proceedings.

Political path instead of covert recordings

According to the German Meat Industry Association, CO2 stunning of pigs is common practice in an estimated 80 percent of slaughters in Germany, but is also controversial. Current studies are examining alternatives to CO2 stunning. The OLG expressly made clear that the animal rights organization should have chosen the path of political and public processes: "Wer diesen Zustand verändern will, muss das in politischen und öffentlichen Prozessen erreichen."

The Higher Regional Court's decision thus marks a far-reaching victory for the slaughterhouse operator: the intrusion remains unlawful, and claims for damages are established in principle. At the same time, the prohibitions on further distribution were limited in detail in favor of the activists. An appeal on points of law was not permitted; the actual amount of the damages has therefore not yet been finally determined.