Prozessuale Waffengleichheit im einstweiligen Verfügungsverfahren

The recent jurisdiction of the German Federal Constitutional Court on procedural equality of arms in preliminary injunction proceedings has attracted great attention in academia and practice. The author examines the history, content and dogmatics of procedural equality of arms and discusses the significance of preliminary injunction proceedings (especially) in intellectual property law, the material-law connecting point of this work. He then shows which systemic deficiencies stand in the way of realising procedural equality of arms in preliminary injunction proceedings and discusses possibilities of a more "equal in arms" procedural design. In doing so, the author argues not least for a better exploitation of digital potentials.