Kernrechtsfrage
Whether damages for unjustified interim measures include costs of the merits proceedings
Extrahierter Entscheid
No. The causal liability for unjustified interim measures does not extend to the costs of the subsequent merits action.
Extrahierte Begründung
The merits action would have had to be brought and defended even without the provisional measure; treating those costs as damage would create unjustified differences between cases with and without interim relief.