Article 2 (d)
Article 3 1.
|National ID||6 W 54/08|
|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|
|Keywords||guarantee, information obligation, unfair competition|
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An illegal provision in terms and conditions regarding product guarantee falls within the scope of (the national implementation of) the UCP Directive.
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.
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?
|URL Decision||Decision full text|
The plaintiff's request was granted. The complaint of the defendant against the cost decision in a preliminary injunction proceeding was dismissed.
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