Kaspersky appeals to the Higher Regional Court
However, an appeal was allowed against this decision (dated April 1, 2022, file no. 1 L 466/22). The German branch of Kaspersky then filed this appeal with the Higher Regional Court (Oberlandesgericht, OVG) in Münster. The 4th Senate of the OVG dismissed Kaspersky's appeal in the decision announced on April 28, 2022. The judges rejected the appeal filed by Kaspersky's German subsidiary against the urgent decision of the Cologne Administrative Court dated April 1, 2022. The 4th Senate ruled that the warning of the Federal Office for Information Security (BSI) against the use of antivirus software of the company Kaspersky is lawful and reasoned so, according to
this news release (German, I've translated it to English):
"The BSI made the decision to issue the warning without any error of judgment and, in particular, respected the principle of proportionality. The warning was not issued on the basis of extraneous considerations or even arbitrarily.
In particular, it was not politically motivated and does not represent pure symbolic politics. In view of the threat situation identified, its sole purpose was to reduce the risk of possible attacks on information technology security. It was suitable and necessary for this purpose.
With the warning, the BSI is significantly raising awareness of potential dangers that currently arise from the use of Kaspersky's anti-virus programs and recommends replacement with alternative products after individual risk assessment. At the same time, it has formulated the warning in compliance with the restraint requirement and limited it to what is necessary."
The decision (filed under: 4 B 473/22) is final.