Unfair competition disputes in Germany are decided fast. Often only a few days pass between a warning letter and a court order.
Typical sequence
- Evidence of the infringement (screenshots, test purchases, archiving)
- Warning letter (Abmahnung) demanding a cease-and-desist declaration with a contractual penalty (Section 13 UWG), usually with a deadline of one week to ten days
- Response: declaration, modified declaration, rejection, possibly a protective letter
- Preliminary injunction (Section 12 UWG, Sections 935, 940 ZPO)
- Final settlement letter and declaration, or main action
- Main proceedings: Regional Court, appeal to the Higher Regional Court, appeal on points of law to the Federal Court of Justice
- Enforcement: administrative fines for breaches of court orders (Section 890 ZPO), contractual penalty for breaches of declarations
Jurisdiction
The Regional Courts have exclusive jurisdiction regardless of the amount in dispute (Section 14(1) UWG). Since December 2020, the “flying venue” for online infringements has largely been abolished for competitors (Section 14(2) UWG). Representation by a lawyer is mandatory.
Key deadlines
| Deadline | Duration | Consequence if missed |
|---|---|---|
| limitation | 6 months from knowledge (Section 11 UWG) | claim unenforceable |
| urgency for interim relief | approx. 1 to 2 months from knowledge, depending on the court | only main action possible |
| enforcement of an ex parte order | 1 month from service on the applicant (Section 929(2) ZPO) | order becomes ineffective |
| appeal | 1 month from service | judgment becomes final |
Costs
Costs depend on the value in dispute set by the court. Between competitors, values for injunctions often range from EUR 10,000 to EUR 100,000. For minor matters, the value may be limited to EUR 1,000 (Section 51(3) GKG). The losing party bears both sides’ statutory fees.
Case examples
A retailer ignores a warning letter. Three days after the deadline a preliminary injunction is served by a bailiff, with costs for both steps. A reviewed, modified cease-and-desist declaration would have avoided this.
A manufacturer discovers a rival’s misleading ad in March but instructs counsel only in June. Many higher regional courts consider urgency refuted after about one month; only main proceedings remain.
A competitor sues over missing online information at its home court. Since 2020 the “flying” jurisdiction is restricted for online infringements (§ 14(2) UWG).
