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 |
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.
