This page explains the structure of a German warning letter (Abmahnung). The German template with placeholders is available on the German page.
Mandatory content (Section 13(2) UWG)
- name or company of the claimant and of any representative
- the basis of standing – for competitors, facts showing the competitive relationship
- whether and how much reimbursement is claimed and how it is calculated
- the infringement, including the underlying facts
- where Section 13(4) UWG applies, a statement that no reimbursement can be claimed
Structure
Representation and power of attorney; standing; description of the infringement with evidence; demand for a cease-and-desist declaration with deadline; reimbursement (usually a 1.3 business fee under the RVG based on the value in dispute); announcement of court action; reservation of further claims.
Case examples
A warning that refers only to “misleading price advertising on your website” does not meet § 13(2) UWG; cost reimbursement is lost.
For online information breaches, businesses with fewer than 100 employees may not be asked for a contractual penalty on the first warning (§ 13a(2) UWG).
A 24-hour deadline without special urgency is replaced by a reasonable one, usually seven to fourteen days.
Practical notes
Deadline usually 7 to 10 days; proportionate declaration (excessive demands indicate abuse, Section 8c(2) no. 5 UWG); provable delivery; plan the deadline so that an injunction remains possible within the urgency period.
