Trade associations, like consumer protection associations, may take action against potentially unlawful general terms and conditions of companies on the basis of the UKlaG. The amount in dispute for such proceedings is based on the general public’s interest in the removal of the challenged clauses. The interest of competitors does not play a role in the assessment, as this is not the protective purpose of the UKlaG. This is also intended to protect the associations from unreasonable cost risks. The BGH emphasizes that in practice this regularly means a value in dispute of € 2,500.00 per challenged partial clause. Exceptions could, however, be considered in exceptional cases, e.g. when extremely controversial generalizable legal issues of great economic significance and essential importance for an entire industry are involved.
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.