Warning legal protection

Let us legally analyze if the prerequisites for the perfect online business are fulfilled.

How to react to a warning

Protect yourself

Abmahnungen sind oft nicht richtig.

Commercial business website operators are threatened with competition law warnings from other competitors.

Experience has shown that warning letters are often used as harassment against competitors, as they are cheaper than court proceedings to punish legal infringements in the long term.

However, most warnings are not justified.

How should you react to a notice of warning?

Depending on the consequences arising from the warning, the warned party should take the following measures:

  • Legal examination of the warning for legal validity
  • Assessment of the legal and economic risk
  • Submission of a correct cease-and-desist declaration (avoid at all costs
  • a cease-and-desist declaration in the form stipulated by the warning party)
  • Out-of-court negotiations for damages and opposing warning costs
  • Counter-warning
  • Negative declaratory action
  • Refusal of a declaration to cease and desist

Be sure to respond to a warning, even if it appears to be unlawful. Otherwise, there is a risk that a court injunction will be applied for. Resulting legal proceedings take up unnecessary time and cost the affected parties a lot of money. There are dangers such as contractual penalties of 10,000 euros, the assumption of the opposing lawyer’s costs or exclusion of the continuation connection. Specialised lawyers can assess the legal and financial consequences of a warning.

What requirements must a warning fulfil?

The warning should first be lawful. Furthermore, the formal requirements must be legally correct.

Results of legal advice

Clarify your legal position with the lawyer. Did you that a cease-and-desist declaration is binding and irrevocable for 30 years! If you then breach a provision, you will have to pay the agreed penalty.

If the warning against you is justified, you should avoid expensive legal proceedings. In this case, an amended cease-and-desist declaration is sufficient.

With the help of a legal team, you can reach an out-of-court solution. Let us advise you!

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