The regulation of § 36 Abs. 1 No. 2 VSBG only requires information about the competent consumer arbitration board from a trader who has undertaken to participate in a dispute resolution procedure or is obliged to do so by law. In contrast, a trader who has merely agreed to participate in a dispute resolution procedure is exempt from providing this information.
The entrepreneur’s obligation to participate pursuant to § 36 Para. 1 No. 2 VSBG for the obligation to notify to arise is not already triggered by the notification of the trader in accordance with § 36 para. 1 No. 1 VSBG that he is prepared to participate in a dispute resolution procedure before a consumer arbitration board.
This also applies if the trader’s notification regarding the scope of its willingness to participate (“in principle willing to participate in a dispute resolution procedure”) is unclear. This is because it cannot be concluded from such an unclear declaration of willingness that the trader is entering into or has entered into an obligation to participate within the meaning of Section 36 Para. 1 No. 2 VSBG (Federal Court of Justice, decision of August 21, 2019, case no. VIII ZR 263/18).