Advertising that works.
And holds up in court.

We advise businesses and agencies on all aspects of German and European unfair competition law – from campaign clearance, green claims and AI labelling to defending against warning letters and preliminary injunctions. Certified IP specialists, ten offices in Germany, decisions in days rather than weeks.

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Your rights under unfair competition law – the essentials

German and EU unfair competition law protects businesses, consumers and competition itself. Knowing the rules lets you advertise boldly – and respond effectively when others break them.

Cease and desistCompetitors, associations, consumer organisations and chambers can demand that unfair advertising stops and its effects are removed (Section 8 UWG).

Fast court ordersUrgency is presumed: an injunction can often be obtained within days (Section 12 UWG).

Damages and informationCompetitors and – since 2022 – consumers can claim damages (Section 9 UWG).

Protection against abuseAbusive warning letters create no claim; the sender must reimburse defence costs (Section 8c UWG).

Short limitationClaims become time-barred six months after knowledge (Section 11 UWG) – every day counts.

Across EuropeThe law of the targeted market applies. Campaigns in the EU single market follow largely harmonised rules.

Introduction · Structure of the UWG · EU law · Infringements A–Z · Proceedings

How can we help?

The most frequent matters in our practice – from urgent cases to prevention.

DefenceReceived a warning letterSecure the deadline, check the claim, modify the cease-and-desist declaration.→Interim reliefPreliminary injunctionReceived or need an injunction: urgency, enforcement, objection.→EnforcementAct against a competitorStop unfair advertising by competitors – with evidence and speed.→PreventionAdvertising reviewCampaigns, claims, packaging and shops cleared before launch.→New since 27 Sept 2026Green claimsBans on generic environmental claims, own labels and offset-based neutrality.→New since 2 Aug 2026AI in advertisingLabelling under Art. 50 AI Act, chatbots, deepfakes, AI washing.→ContractCease-and-desist declarationLimit the scope, Hamburg custom, defend against penalties.→Social mediaInfluencer marketingLabelling, liability of brands and agencies, contracts.→PricesDiscounts & reference prices30-day rule, unit price, hidden fees, Black Friday.→TrustReviews & test sealsFake reviews, star ratings, verification duties, awards.→HealthHealth claims & HWGMedicinal advertising, health claims, before/after images.→Direct marketingEmail, phone & newsletterConsent, double opt-in, existing customers, fines.→PromotionsPrize games & vouchersConditions of participation, coupling, loyalty schemes.→PrecautionProtective letterPre-empt an ex parte injunction – filed nationwide.→Product protectionImitations & copiesSupplementary protection, deception as to origin.→E-commerceCancellation button & dark patternsCheckout, subscription traps, manipulative design, DSA.→

Unfair competition news

Digital Fairness Act: what businesses can expect6. November 2026
New rules for environmental advertising apply from 27 September27. September 2026
AI labelling: Article 50 AI Act applies from 2 August3. August 2026
Federal Court of Justice “Top-Mediziner”: strict standards for paid doctor seals31. July 2026
Cancellation button: no retention offers on the confirmation page17. July 2026
Small-order surcharge is not part of the product price4. June 2026

All news and archive

horak Rechtsanwälte

Die Werberechtler is the unfair competition portal of horak Rechtsanwälte Partnerschaft mbB. Certified specialists in IP and media law work with patent attorneys – unfair competition, trade marks, designs and copyright from a single source. We regularly advise international clients on their German campaigns.