Abusive conduct in connection with a warning may constitute good cause for the termination of a cease-and-desist agreement based on the warning. In the case of a cease-and-desist agreement concluded on the basis of an abusive warning, the assertion of contractual penalties for breaches committed by the debtor prior to the termination of the agreement is precluded by the objection of abuse of rights pursuant to Section 242 BGB(BGH, judgment of February 14, 2019, case reference: I ZR 6/17).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.