With court decision dated 7 December 2010, (C-585/08 and C-144/09), the European Court of Justice has set forth a number of criteria with regard to which national law has to be observed in the countries of the EU for cross-border transactions and which court of jurisdiction is applicable.
Due to a very special approach in German competition law unknown in most other jurisdictions, nearly any and all faults in daily business, information regarding consumer rights, and general terms and conditions, may result in a cease and desist letter e.g. by a competitor, regularly combined with a demand for payment of costs and issue of a cease and desist declaration with a penalty clause. If such a cease and desist letter is ignored, a preliminary injunction by court may prohibit continuation of business in Germany.
We will gladly assist you with legal advice in Germany in order to ensure a comprehensive advice for your clients and to avoid problems with regard to German competitive laws.
Please do not hesitate to contact us at any time via e-mail: mail@alber-buchmann-stefan.de