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A German warning letter (Abmahnung) often requires several decisions at once: whether to stop an offer, give a cease-and-desist undertaking or pay costs. Each question needs a separate assessment.

What we examine

  • Keep the complete letter and attachments and record the deadline. For court documents, retain the envelope and date of service.
  • Preserve evidence of the disputed conduct: dated screenshots with URLs, product listings, licences and correspondence.
  • Assess the allegations, stop any continuing infringement where appropriate and prepare a reasoned response. Asking for an extension does not itself extend the deadline.

Key legal considerations

A warning letter is not a judgment. However, a formal defect does not automatically extinguish an underlying injunction claim. Signing without review can create long-term contractual obligations. Merely deleting a listing will generally not remove an existing risk of repetition.

Illustrative practical example

A retailer receives a warning about a photograph supplied by an agency. The review covers the licence chain, other places where the photograph appears and possible recourse against the agency.

Documents for the review

The warning and attachments, deadline, opposing party’s details, relevant URLs and available evidence of rights or contracts.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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