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A warning may involve different financial claims: the opponent’s legal fees, your own advice costs, damages, contractual penalties and potential litigation costs.
What we examine
- Check the legal basis and whether the claim is justified.
- Review the value in dispute, fee rate, expenses and any VAT.
- Separate each payment demand from the requested undertaking.
Key legal considerations
A warning may be justified in part without supporting every payment demand. The copyright rule concerning fees based on a EUR 1,000 value in dispute is not a general EUR 1,000 cap on the entire claim. The UWG also contains specific cost exclusions for certain competitor warnings.
Illustrative practical example
During settlement discussions, a business accepts a narrowly defined obligation to stop particular conduct but separately disputes the calculation of damages and legal fees.
Documents for the review
The demand and calculation, invoices, previous undertakings, correspondence and relevant evidence.
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.
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