Tobias Ulbrich wrote on October 5, 2026, that the Cologne Higher Regional Court announced in three appeal proceedings against Moderna that it would overturn the first-instance judgments of the Cologne and Bonn District Courts due to serious procedural errors and remit the cases. This marked the first time that proceedings against Moderna were held in North Rhine-Westphalia; previously, there had been proceedings against AstraZeneca or BioNTech there. According to Ulbrich, the procedural errors mainly concerned the assessment of a negative benefit-risk ratio. He stated that the courts should not have used an evaluation by the CHMP based on data from the defendant as an expert opinion; this was to be criticized according to the case law of the Federal Court of Justice. The lawsuits had been sufficiently coherently presented. For a claim for information, it was not necessary to submit all findings and patient records without gaps; it was sufficient to provide facts from which the significance of the evidence could be derived. Also regarding the claim for information, the plaintiffs reportedly made sufficiently plausible statements, according to Ulbrich. The opposing party was given until October 26, 2026, to explain why the Senate should not annul and remit the case itself but rather decide on the claim for information. The announcement of the decisions was scheduled for November 16, 2026. The case numbers were 5 U 75/25, 5 U 62/25, and 5 U 67/25. Ulbrich included a report on one of the three preliminary proceedings before the Bonn District Court. https://t.co/H1KXCDNJBf #Impfgeschädigte #Rechtsprechung #Moderna (translated)