If the required information on a supervisory authority is missing from an imprint, a competition law warning directed against this is justified. In such a case, in the opinion of the BGH, there is a noticeable violation of Section 5 Para. 1 No. 3 TMG. If a pre-formulated cease-and-desist declaration is attached to the warning letter, this can be used when interpreting the warning letter. If this shows that the creditor makes the individual complaints the subject of separate attacks, such as when he asserts separate cease-and-desist claims with regard to various advertising statements in an advertisement, these are separate attacks (BGH, decision of 21.11.2018, ref.: I ZR 51/18).
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.