At a glance
- Note the deadline, do not sign in haste
- Check formal requirements (Section 13(2) UWG) and standing
- Usually right: a modified declaration
A German warning letter (Abmahnung) usually sets a short deadline. Panic is as wrong as ignoring it. Signing too quickly may bind you for life to an overly broad declaration with high penalties; not responding risks a preliminary injunction with much higher costs.
Immediately: note the deadline, do not sign, review and if necessary adjust the challenged advertising, secure documents. Send us the letter – we usually give an initial assessment within one business day.
Step 1: Is the warning letter formally valid?
Since December 2020, Section 13(2) UWG requires the letter to state clearly: the name of the claimant and representative, the basis of standing, whether and how much reimbursement is claimed and how it is calculated, the infringement with the facts, and – where applicable – that no reimbursement can be claimed. If any of this is missing, there is no reimbursement claim, and you may claim your defence costs (Section 13(5) UWG).
Step 2: Is the claim justified?
Is there an infringement? Is the sender a genuine competitor active on the same market to a not insignificant extent, or a registered association? Is the claim time-barred (six months)? Is the warning abusive (Section 8c UWG)? Has the sender committed similar infringements (counter-warning as leverage)?
Step 3: Choose the right response
| Option | When | Risk |
|---|---|---|
| sign the pre-drafted declaration | practically never | too broad, excessive penalty, acknowledgment of costs |
| modified declaration | infringement exists, wording too broad | careful drafting required |
| rejection | claim unfounded | preliminary injunction possible – consider protective letter |
| negative declaratory action | to obtain legal certainty | litigation costs |
Case examples
A retailer with eight employees is warned over an incomplete imprint and asked to pay EUR 1,100 in legal fees. Competitors cannot claim costs from businesses with fewer than 250 employees for online information breaches (§ 13(4) UWG).
An agency is asked to refrain from “any advertising with test results” over a single outdated test reference. We limit the declaration to the specific infringement and use a flexible penalty clause.
A shop is rightly warned over missing unit prices, but the value in dispute is set at EUR 50,000. We sign a declaration and pay costs only on a reasonable value.
Step 4: After the declaration
The infringement must be removed completely and permanently – also on marketplaces, in social media and with partners where you have influence. A single forgotten listing can trigger the penalty.
