Infringements can be grouped by the protected interest and the type of conduct. Each group has its own page.
Infringements affecting consumers
- Misleading advertising
- Aggressive practices and dark patterns
- Price advertising and price indication
- Reviews, test seals and quality marks
- Covert advertising and influencer marketing
- Green claims
Infringements affecting competitors
- Denigration, disparagement, obstruction
- Product imitation
- Unlawful comparative advertising
- Trade secret misuse
- Poaching customers and employees
Breaches of market conduct rules
- Breach of statutory duty (Section 3a UWG)
- sector rules: food, pharmaceuticals, medical devices, pharmacies, financial services, minors
Nuisance
New forms of infringement through AI
See AI in advertising.
All types of infringement at a glance
| Infringement | Legal basis | Typical example |
|---|---|---|
| Misleading advertising | § 5 UWG | “climate neutral” without explanation |
| Misleading omission | §§ 5a, 5b UWG | missing unit price, hidden advertising |
| Blacklist | § 3(3) UWG and Annex | fake countdown, fake reviews |
| Aggressive practices | § 4a UWG | cancellation obstacles |
| Denigration | § 4 Nos. 1, 2 UWG | disparaging statements about rivals |
| Imitation | § 4 No. 3 UWG | look-alike packaging |
| Targeted obstruction | § 4 No. 4 UWG | blocking trade marks |
| Comparative advertising | § 6 UWG | incomplete price comparison |
| Breach of statutory duty | § 3a UWG | HWG, LMIV, PAngV, GDPR |
| Unacceptable nuisance | § 7 UWG | newsletters without consent |
Case examples
A shop advertises a supplement as “heals joint pain”, shows a false strike-through price and sends newsletters without consent. Breach of statutory duty, misleading advertising and nuisance coincide and are asserted as separate claims.
A small retailer receives a warning letter from a trade association. Since 2020 only registered associations with sufficient members may issue warnings (§ 8b UWG); standing is the first thing we check.
A shop advertises “today only: 30 % off everything” and extends the campaign week after week. The argument that nobody was really influenced does not help: blacklisted practices are prohibited regardless of their effect.
Consequences
| Remedy | Legal basis | Who can claim? |
|---|---|---|
| cease and desist, removal | Section 8 UWG | competitors, associations, consumer organisations, chambers |
| damages | Section 9(1) UWG | competitors |
| consumer damages | Section 9(2) UWG | consumers |
| skimming-off of profits | Section 10 UWG | associations, consumer organisations, chambers |
| fines | Sections 19, 20 UWG | authorities |
| redress action | VDuG | qualified consumer associations |
How claims are enforced or defended is explained under Proceedings.
