Case detail
Directive article |
Article 2 (d) Article 3 1. |
National ID | 6 W 54/08 |
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Country | Germany | Decision date | 04/06/2008 |
Common name | Decision type | Court decision, first degree | |
Court | Oberlandesgericht - OLG (Frankfurt am Main) | Plaintiff(s) | not disclosed |
Court translation | Higher Regional Court (Frankfurt on the Main) | Defendant(s) | not disclosed |
Subject | guarantee | ||
Keywords | guarantee, information obligation, unfair competition |
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Headnote
An illegal provision in terms and conditions regarding product guarantee falls within the scope of (the national implementation of) the UCP Directive.
Facts
The defendant used the following invalid clause within its general terms and conditions: "24 month warranty on this product!".
The plaintiff requested a cease-and-desist order for the further use of this clause.
Legal issue
Is the use of invalid general terms and conditions a violation of § 4 Nr. 11 UWG (the German Unfair Competition Act)?
Is § 477 I BGB (German Civil Code) a regulation regarding the market conduct that falls within the scope of § 4 No. 11 UWG?
Decision
URL Decision | Decision full text | |
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DE | N/A | |
EN | N/A |
Result
The plaintiff's request was granted. The complaint of the defendant against the cost decision in a preliminary injunction proceeding was dismissed.
Additional information
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There is no events for this case. |
Related case(s)
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There is no related cases for this case. |
Legal Literature
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