§ 8 UWG elimination and omission
(1) If you are looking for § 3 or § 7 makes illegal commercial act, can be at disposal and in danger of repetition made to cease and desist. The claim for injunctive relief already exists then, if such infringement § 3 or § 7 threatens.
(2) The offenses committed in a company by an employee or agent, so are the injunctive relief and the elimination justified claim against the owner of the company.
(3) The claims under paragraph 1 stand by:
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each competitor;
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unincorporated associations for the promotion of commercial or independent professional interests, where they pose a significant number of entrepreneurs belonging, the goods or services of the same or related species distribute in the same market, personnel carried on in accordance to their particular, material and financial resources are able, their statutory functions of the prosecution of commercial or independent professional interests actually perceive and where the offense affects the interests of its members;
- 3.
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qualified entities, the evidence, that according to the list of qualified entities § 4 the Injunctions Act or the location of the Commission of the European Communities in accordance with Article 4 Directive 98/27/EC of the European Parliament and of the Council of 19. More 1998 on injunctions for the protection of consumers' interests (ABl. EC No.. The 166 S. 51) are registered;
- 4.
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industrial- and chambers of commerce or the Chambers of Crafts.
(4) The assertion in the paragraph 1 designated claims is inadmissible, when improperly considering the entire circumstances, especially if they primarily serves, to give rise to the offender is entitled to compensation for expenses or costs of prosecution.
(5) § 13 the Injunctions Act shall apply mutatis mutandis; in § 13 Paragraph 1 and 3 Sentence 2 the Injunctions Act to take the place of the claim in accordance with § 1 or § 2 the Injunctions Act injunctive relief under this provision, the. In all other respects, the Injunction Act does not apply, unless, it is a case of § 4a of the Injunctions Act.