WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/l/DEU/u/l 
10 October 1996 
(96-3892) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English/ 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
Germany anglais/ 
ingles 
The present document reproduces 1 the Law against Unfair Competition, as notified by Germany 
under Article 63.2 of the Agreement (see document IP/N/lIDEU/lIRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le present document contient le texte1 de la Loi contre la concurrence deloyale, notifiee par 
l' Allemagne au titre de l'article 63:2 de l' Accord (voir le document IP/N/lIDEU/lIRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Alemania 
El presente documento reproducel la Ley de Lucha contra la Competencia Desleal, notificada 
por Alemania en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
lP/NI lIDEUI lIRev. 1). 
lEnglish only/anglais seulement/ingles solamente. IP/~/l/I>~lJ/lJ/l 
Page 2 
Act Against Unfair Competition 
(OF JUNE 7, 1909; AS LAST AMENDED ON OCTOBER 25, 1994) 
Section 1 General Clause 
Any person who, in the course of business activity and for 
purposes of competition, commits acts contrary to honest 
practices may be enjoined from these acts and held liable for 
damages. 
Section 2 Agriculture 
For the purposes of this Act, the term goods includes 
agricultural products, and the term commercial services and 
interests includes agricultural services and interests. 
Section 3 Deceptive Advertising 
Any person who, in the course of business activity and for 
purposes of competition, makes deceptive stat~ments concerning 
business matters, in particular concerning the nature, the 
origin, the manner of manufacture, or the pricing of individual 
goods or commercial services or of the offer as a whole, 
concerning price lists, the manner or the source of acquisition 
of goods concerning the possession of awards, concerning the 
occasion or purpose of the sale, or concerning the size of the 
available stock may be enjoined from making such statements. 
Section 4 Criminal Sanctions 
(1) Any person who,· with the intention of gl.Vl.ng the impression 
of an e.specially favorable offer, makes statements in public 
announcements or in communications which are intended for a 
larger circle of persons, concerning business matters, in IP/N/lIDEU/U/l 
Page 3 
particular concerning the nature, the origin, the manner of 
manufacture, or the pricing of goods or commercial services, 
concerning the manner or source of acquisition of goods, 
concerning the possession of awards, concerning the occasion or 
purpose of the sale, or concerning the size of the available 
stock, which are knowingly false and capable of deceiving, shall 
be punished by imprisonment 'for a term not exceeding two years or 
with a fine. 
(2) If 'the false statements indicated in subsection 1 are made in 
a business enterprise by an employee or an agent, the proprietor 
or director of the business enterprise shall be liable to 
punishment, together with the employee or the agent, if the act 
was committed with his knowledge. 
Section 5 Generic Names 
For the purposes of the provisions of sections 3 and 4, pictorial 
representations and other instrumentalities which are calculated 
and suited to replace the statements therein indicated, are to be 
considered equivalent to such statements. 
Section 6 Sale of Goods From Bankruptcy Estate 
(1) If, in public announcements or in communications which, are 
intended for a larger circle of persons, the sale of goods 
originally belonging to the estate of a bankrupt is advertised, 
where the goods are no longer a part of this estate, every 
reference to the fact that the goods originated in the estate of 
a bankrupt is forbidden. 
(2) Any person shall commit an infraction who refers 
intentionally or negligently in violation of subsection 1 in the 
advertisement for goods to their origin from a bankruptcy estate. 
The infraction shall be punished by a fine not exceeding DM 
10,000. IP/N/1/DEU/U/l 
Page 4 
Section 6a Advertising Direct Sales 
(1) Any person who, in the course of business activity with the 
end consumer in connection with the sale of goods, refers to his 
capacity as producer may be enjoined from this practice unless 
he: 
1. sells exclusively to the end consumer, or 
2. sells to the end consumer at the same price as his wholesalers 
or retailers or comrnercial- users are charged, or 
3. unmistakably refers to the fact that the prices of sale to the 
end consumer are higher than the prices to the wholesaler or 
retailer or commercial user, or this fact is otherwise evident to 
the end consumer. 
(2) Any person who, in the course of business activity with the 
end consumer in connection with the sale of goods, refers to his 
capacity as wholesaler in the sale of goods may be enjoined from 
this practice unless he predominantly supplies only retailers or 
commercial users and the conditions of subsection 1 paragraph 2 
or 3 are met. 
Section 6b Purchase Authorizations 
Any person who, in the course of business activity and for 
purposes of competition, issues authorization·cards, identity 
cards, or other documents for the procurement of goods to the end 
consumer, or sells goods upon presentation of such documents, may 
be enjoined from this practice unless the documents authorize 
purchases only for a single visit and are separately issued for 
each shopping visit. Section 6c Snowball Sales 'System IP/N/lIDEU/U/1 
Page 5 
Any person who, in the course of business activity, strives 
himself or through others to induce non-merchants to purchase 
goods, commercial services or rights by promising them special 
advantages in the event that they induce others to conclude such 
transactions, who, in keeping with this method of soliciting 
customers are in turn to be~ranted such advantages for 
correspondingly solicit;i.ng further c~stomers, shall be punished 
by imprisonment not exceeding two years or by a fine. Persons 
whose business does not, in terms of its nature or size, require 
a commercially run.business establishment shall be deemed 
equivalent to non-merchants within the meaning of the foregoing 
sentence. 
Section 6d Repealed 
Section 6e Repealed 
Section 7 Special Sales and Offers 
(1) Any person who advertises or conducts sales in the retail 
trade which take place outside regular business, serve ~o 
accelerate the sale of goods and create the impression of special 
advantages being granted to buyers (special sales), may be 
enjoined from this practice. 
(2) There shall be no special event within the meaning of 
subsection 1 if individual goods designated by quality or price 
are offered and if these offers fit in with the normal business 
practices of the enterprise (special offers) . IP/N/l/DEU lUll 
Page 6 
(3) Subsection 1 shall not apply to· special sales lasting twelve 
working days 
1. which begin on the last Monday in January and on the last 
Monday in July and at which textiles, clothes, shoes, leatherware 
or sports goods are offered for sale (winter and summer end-of­
season sales); 
2. which mark the existence of an enterprise in a specific area 
of business after a period of 25 years (anniversary sales). 
Sections 7a -7d Repealed 
Section 8 Clearance Sale 
(1) If circumstances compel the clearance of an existing stock of 
goods (urgent necessity of clearance) 
1. due to damage caused by fire, water, storm or a similar 
occurrence that is not the fault of the organizer, or 
2. before execution of a rebuilding project requiring 
notification or authorization under building regulations, 
clearance sales may, to the extent needed to eliminate the urgent 
necessity of clearance, be conducted for up to twelve working 
days during or outside the periods defined in section 7 
subsection 3. In the advertisement of a clearance sale in 
accordance with the foregoing sentence, the reason for clearing 
the stock of goods must be stated. 
(2) Clearance sales for the purpose of closing down the entire 
business may be conducted for up to 24 working days during or 
outside the periods defined in section 7 subsection 3, provided 
that in the three years preceding the start of such sale the IP/N 11IDEU lUll 
Page 7 
organizer has not conducted a clearance sale for closing down the 
same kind of business, unless special circumstances exist that 
justify a clearance sale before expiry of this period. 
Subsection 1 second sentence shall apply mutatis mutandis. 
(3) Clearance sales under subsection 1 first sentence paragraph 1 
must be notified at least one week before the initial 
advertisement, and those under subsection 1 first sentence 
paragraph 2 and subsection 2 at least two weeks beforehand, to 
the competent official representative bodies of trade, craft and 
industry. Such notice must state the following: 
1. the reason for the clearance sale, 
2. the beginning and end of the clearance sale as well as its 
location, 
3. the type, quality and quantity of the goods to be cleared, 
4. in the event·of a clearance sale under subsection 1 
paragraph 2 the designation of the sales area affected by the 
building project, 
5. in the event of a clearance sale under subsection 2, the 
length of operation of the business. 
The notice must be accompanied by documented factual evidence of 
the reason for the clearance sale; in the event of a clearance 
sale under subsection 1 paragraph 2 confirmation by the building 
authority of the permissibility of the building project shall 
also be submitted. 
(4) The information submitted may be verified by the official 
representative bodies of trade, craft and industry and by their 
officially appointed agents. For this purpose they may enter the 
business premises of the organizer during business hours. Any of 
them is entitled to inspect the files and make copies. IP7NI lIDEU IU /l 
Page 8 
(5) A person may be enjoined from advertising or conducting the 
entire clearance sale if he 
1. violates subsections 1 to 4, 
2. places on sale goods which have been procured solely for such 
a sale ("Vorschiebenll and "Nachschieben" of goods). 
(6) A person may also be enjoined if he 
1. improperly brought about the reason for the clearance sale or 
otherwise makes improper use of the possibilities of a clearance 
sale, 
2. directly or indirectly continues the business whose closing­
down was advertised or, as organizer of the clearance sale, 
begins within two years in ~he same town or in immediately 
neighbouring localities to trade in the type of goods concerned, 
unless special circumstances exist that justify such continuation 
or corrunencement, 
3. in the event of a clearance sale under subsection 1 
paragraph 2 continues trading in the sales area concerned before 
completion of the building project notified. 
Sections 9 to 11 Repealed 
Section 12 Corruption of Employees 
(1) Anyone who, in the course of business activity and for 
purposes of competition, offers, promises, or awards an advantage , 
to an employee or agent of a commercial enterprise in return for 
unfair preference for himself or a third party in the acquisition 
of goods or commercial services; shall be punished by 
imprisonment not exceeding one year or by a fine. IP/~/l/I>~lJ/lJ/l 
Page 9 
(2) Similarly, any employee or agent of a commercial enterprise 
shall be punished who in the course of business activity 
solicits, allows to be promised to him or accepts an advantage in 
return for unfair preference for the third party in the 
acquisition of goods or commercial services. 
Section 13 Claims for Injunctive or Damage Relief 
(1) A claim for injunctive relief may be asserted against persons 
who violate sections 4, 6, 6c and 12. 
{2} In cases of section 1, 3, 4, 6 to 6c, 7 and 8, the claim for 
an injunction may be asserted 
1. by business persons distributing goods or commercial services 
of the same or similar type on the same market, where the cla~ 
concerns an act through which competition on this market would be 
seriously impaired, 
2. by associations having legal capacity whose purpose is to 
promote commercial.interests, where a considerable number of 
business persons are members of such association, who distribute 
goods o"r conunercial services of the same or similar type on the 
same market, if such associations are actually in a position 
according to their personnel, organizational and financial 
resources to promote conunercial interests in the meaning o'f their 
statutes, and where the claim concerns an act through which 
competition on this market would be seriously impaired, 
3. associations having legal capacity whose functions as defined 
in their bylaws include the safeguarding of consumers' interests 
through information and advice. In cases falling under section 1, 
the associations may assert a claim for injunctive relief only to 
the extent that the claim concerns an act affecting consumers' 
essential interests, 
4. Chambers of Industry and Commerce or Craft Chambers. IPINIl/DEU/UI1 
Page 10 
(3) In cases falling under section 12, claims for injunctive 
relief may only be asserted by the businessmen, associations and 
chambers referred to in subsection 2 paragraphs 1, 2 and 4. 
(4) Where violations under subsections 2 and 3 are committed in a 
business enterprise by an employee or agent, the claim for 
injunctive relief shall also be valid against the proprietor of 
the business. 
(5) A claim for injunctive relief may not be asserted1t·.·such 
assertion is improper in the light of the overall circumstances, 
especially if it predominantly serves to establish'against the 
violating party a claim to compensation for expenses or for the 
cost of legal action. 
(6) Liability for damages arising from violations shall be 
incumbent on: 
1. anyone in cases falling under section 3 who knew or should 
have .known that the statements made by him were deceptive. A 
claim for damages may be brought against editors, publishers, 
printers or distributors of periodic publications only if they 
knew that the statement made by them was deceptive; 
2. anyone who intentionally or negligently violates sections 6 to 
6 c, 7, . 8 and 12. 
Section 13a Right of Buyers to Withdraw from Contract 
(1) Where a person has been induced to buy as a result of an 
advertising statement under section 4 that is false and capable 
of deceiving and which is significant to the circle of persons 
for whom it is intended for the purposes of the conclusion of 
contracts, he may withdraw from the contract. If the advertising 
is based on a statement by a third party, the buyer shall be 
entitled to withdraw only if the other contracting party knew-or 
should have known that the statement was false and capable of 
deceiving or if he adopted by his own measures the advertising involving such statement. IP/N/1/DEU/U/I 
Page 11 
(2) Withdrawal must be notified to the other contracting party 
without delay once the buyer gains knowledge of the circumstances 
establishing his right of withdrawal. The right of withdrawal 
shall be extinguished if withdrawal is not declared before the 
expiry of six months after conclusion of the contract. The right 
of withdrawal may not be waived in advance. 
(3) In the case of movables, the consequences of rescission are 
determined by section 3 subsections 1, 3 and 4 and section 5 
subsection 3 first sentence of the Act'on Withdrawal from Door­
to-Door and Similar Transactions (Gesetz Uber den Widerruf von 
Hausturgeschaften und ahnlichen Gesch!ften). A claim for further 
damages is not precluded. If the advertising originates with a 
third party, only the third party, and not the other party to the 
contract, shall be liable to the purchaser for the damage caused 
by the rescission unless the other party to the contract knew 
about the violation. 
Section 14 Disparagement 
(1) Any person who, for purposes of competition, alleges or 
circulates facts concerning·the business of another, concerning 
the person of the proprietor or the director of the business, 
concerning the goods or commercial services of another, which are 
suited ·to damage the operation of business or the credit of the 
proprietor, is liable to the injured party for damages caused 
provided that the truth of the facts is not proved. The injured 
party may also sue for an injunction prohibiting the allegation 
or circulation of the facts. 
(2) Where a confidential communication is involved in which the 
publisher or the recipient has a legitimate interest, the claim 
for injunctive relief shall be allowed only if the facts alleged 
or circulated are untrue. The claim for damages may be asserted 
only if the party making the communication knew or should have 
known of the falsity of the facts. IP/N/lIDEU/U/l 
Page 12 
(3) Section 13 subsection 4 shall apply mutatis mutandis. 
Section 15 Criminal Sanctions against Disparagement 
(1) Anyone who, against his better knowledge, alleges or 
circulates facts contrary to the truth concerning the business of 
another, or concerning the person of the proprietor or the 
director of the business, concerning the goods or commercial 
services of another which are suited to damage the operation of 
business, shall be punished by imprisonment not exceeding one 
year or by a fine. 
(2) If the facts indicated in subsection 1 are alleged or 
circulated in a business enterprise by an employee or agent, the 
proprietor of the business is liable to punis~ent, together with 
the employee or agent, if the act was committed with his 
knowledge. 
Section 16 Repealed 
Section 17 Disclosure of Trade or Industrial Secrets 
(1) A prison sentence not exceeding three years or a fine shall 
be imposed on any employee, workman or apprentice of a business 
enterprise who during the term of his employment, without 
authori,zation, conununicates to a third party a trade or 
industrial secret that has been confided to him or made available 
to him by virtue of his employment, if he does so for purposes of 
competition, for personal g~in, for the benefit of a third party 
or with the intention of damaging the proprietor of the business. 
(2) The same punishment shall be imposed on anyone who, for 
purposes of competition, for personal gain, for the benefit of a 
third party or with the intention of damaging the proprietor of 
the business, IP/N/lIDEV/V/l 
Page 13 
1. obtains or secures a trade or industrial secret without 
authorization through 
a) the use of technical means, 
b) the .creation of an embodied reproduction of the secret, or 
c) the removal of an item in which. the .secret is embodied, or 
2. uses or communicates to anyone without authorization a trade. 
: . .'., '. '.\-.... . or industrial secret which he has acquired"or.otherwise obtai~~d 
or secured without authorization through a communication as 
described in subsection 1 or through an act of his own or of 
another person under paragraph 1. 
(3) The attemp~ snaIl be punishable. 
(4) In particularly serious cases, a prison sentence not 
exceeding five years or a fine shall be imposed.' A particularly 
serious case shall be generally deemed to exist if the 
perpetrator knows at the time of communication that the secret is 
to be used 'in a .foreign country or if he himself makes use of it 
in a foreign country. 
Section 18 Improper Use of Technical Papers 
A prison sentence not exceeding two years or a fine shall be 
imposed on anyone who, for purposes of competition or for 
personal gain, makes unauthorized use of or communicates to third 
parties models or instructions of a technical nature, in 
particular drawings, prototypes, patterns, cuts or recipes that 
have been confided to him in the course of business. IP/N/lIDEU/U/1 
Page 14 
Section 19 Damage Liability 
Violations of the provisions of sections 17 and 18 also result in 
liability for damages caused thereby. Where there are several 
parties, they are jointly and severally liable. 
Section 20 Inducement or Offer to Violate 
(1) Anyone who for purposes of competition or for personal gain 
attempts to induce another to violate sections 17 or 18 or 
accepts the offer of another to commit such a violation shall be 
punished by imprisonment not exceeding two years or by a fine. 
(2) The same punishment shall apply to anyone who, for purposes 
of competition or for personal gain, offers to commit acts in 
violation of sections 17 or 18, or declares himself ready to 
commit such acts at the behest of another. 
(3) Section 31 of the Criminal Code shall apply mutatis mutandis. 
Section 20a Acts Committed Abroad 
As to violations of sections 17, 18, and 20, section 5 
paragraph 7 of the Criminal Code shall apply mutatis mutandis. 
Section 21 Limitation Period 
(1) The claims for injunctive or damage relief prescribed in this 
Act may be barred after six months from the time the person 
entitled to a claim obtained knowledge of the act and the 
identity of the party liable or, irrespective of this knowledge, 
after three years from the commission of the act.-
(2) In the case of claims for damage relief, the limitation 
period does not begin to run until the time when the damage 
accrueq. IP/Nj lIDEU lUll 
Page 15 
section 22 Initiating a Criminal Complaint, Private Criminal 
Action 
(1) With the exception of cases arising under sections 4 and 6c, 
criminal prosecution shall be instituted only upon complaint. 
This shall not apply in cases arising under Sections 17, 18 
and 20 if the prosecuting authority considers prosecution on its 
own motion necessa~y on account. of a particular public interest 
in prosecution. In cases arising under Section 12 any of the 
busines'ses or associations designated in section 13 subsection 1 
shall have the right to file a complaint. 
(2) In a~dition to the injured party (section 374 subsection 1 
paragraph 7 of the Code of Criminal procedur~) any of the 
businesses or associations designated in section 13 subsection 1 
is authorized to bring a private criminal action based on 
activity punishable under sections 4 and 6c as well as on 
activity which may be prosecuted only upon complaint under 
section 12. 
Section 23 Publication of Judgment 
(1) When a punishment is ordered in cases falling under 
section 15, it shall be ordered upon request of the injured party 
that the judgment be published on demand. 
(2) The winning party in a suit for injunctive relief based on 
one of the provisions of this Act may be granted authorization in 
the judgment to publish the dispositive portion of the judgment 
within a certain time period at the expense of the losing party. 
(3) The nature of the publication shall be determined in the 
judgment. IP/N/lIDEU/U/1 
Page 16 
Section 23a Assessment of Litigation Costs 
When assessing the value of the litigation for claims to enjoin a 
party from violating sections 1, 3, 4, 6a to 6c, 7 and Br the 
court shall take into account for purposes of lowering the value 
of the litigation whether it is a simple case with regard to its 
nature and extent or whether the burden of the litigation costs· 
according the full value of the litigation on one of the parties 
would be unaffordable considering the party's financial and 
income situation. 
Section 23b Reduction of Litigation Costs 
(1) If a party to a civil dispute in which a complaint was filed 
under this Act presents a credible showing that the payment of 
costs calculated according to the full amount in controversy 
would substantially endanger his economic position, the court may 
direct pursuant to a motion by such party that the obligation of 
this party to pay court costs be measured by an amount in­
controversy that is adjusted according to said party's economic 
position. The court may make its order contingent on the fact 
that the party also makes a credible showing that the costs of 
the legal dispute to be borne by him will not be directly or 
indirectly paid by a third party. The effect of the order is also 
that the benefitted party shall have to pay the fees of hi~ 
attorney based only on such portion of the amount in controversy. 
To the extent that this party is charged with court costs or 
assumes these costs, the court fees paid by the opposing party 
and the fees of his attorney must be reimbursed by this party 
based only on such portion of the amount in controversy. To the 
extent that the opposing party is obligated to payor assumes the 
out-of-court costs, the attorney for the benefitted party can . , 
recover his fees from the opposing party based on the amount in 
controversy applicable to the latter. 
(2) A motion pursuant to subsection 1 shall be read into the 
record before the clerks of the courts. It shall be made prior to IP/~/1/I>~{J/{J/l 
Page 17 
the trial on the merits. After this time, it shall be valid only 
if the agreed or court-determined amount in controversy is 
thereafter increased by the court. Prior to a decision on the 
motion, the opposing party must be heard. 
Section 24 Jurisdiction 
(1) For actions brought under this Act, the court shall have 
jurisdiction in whose district the defendant has the.seat.of. his 
• • I • 
business or, lacking same, his domicile~ For parties who 'have 
neither a seat of business nor a domicile in this country,. the 
court in the place of their ,domestic residence shall have 
jurisdiction. 
(2) Addi tionally,. only the court in the district where t~e act 
was committed shall have jurisdiction for complaints brought 
under this Act. The first sentence shall only apply to actions 
brought by the business persons, associations or chambers 
referred to in section 13 subsection 2 paragraphs 1 to 4·it the­
defendant does not have his domestic residence in this country e. 
Section 25 Preliminary Injunctions 
In order to preserve the rights to an injunction set forth 1n 
this Act, preliminary injunctions may be issued, even when the 
conditions set forth in sections 935 and 940 of the Code of Civil 
Procedure are not fulfilled. 
Section 26 Repealed 
Section 27 Venue 
(1) Civil disputes in which the suit presents a claim based on 
this Act are assigned, insofar as the Regional Courts IP/N/I/DEU/U/I 
Page 18 
(Landgerichte) have jurisdiction as the courts of first instance, 
to the commercial chambers of these courts; disputes in which. an 
end consumer asserts a claim under section 13a, which cla~ does 
not originate from a mutual commercial transaction under 
section 95 subsection 1 paragraph 1 of the Judiciary Act 
(Gerichtsverfassungsgesetz), shall be exempted from this 
provision. 
(2) The Land Governments shall be empowered to establish by 
regulation for those districts which h~v~, several Regional.' :courts 
(Landgerichte) one such court. as the court for :co~petiti()rf 
disputes when this serves the administration ,of just1cef6r 
competi tion matters, in particular to assure uniform j,ud1cial 
decisions. The Land Governments may delegate this authority to 
their respective authorities for judicial administration. 
(3) The parties may be represented before the court for 
competition disputes also by attorneys who are admitted to 
practic'e before the court which, in the absence of the regulation 
contained in subsection 1, would have jurisdiction over: the 
complaint. The same shall apply to presentation betore the Higher 
Regional. Court (Oberlandesgericht). 
(4) The additional costs arising for a party as the result of 
representation pursuant to subsection 3 by an attorney not 
admitted to practice before the trial or appeal court cannot be 
recovered. 
Section 27a Mediation Boards 
(1) The Land Governments shall set up mediation boards at the 
Chambers of Industry and Commerce for settling civil disputes in 
which claims are asserted on the basis of this Act (mediation 
boards) . 
(2) When petitioned by an end consumer or a consumer' association 
referred to in section 13 subsection 2 paragraph 3, the mediation 
boards shall be staffed by a lawyer qualified as a judge under IP/N/l/DEU lUll 
Page 19 
the German Judiciary Act, as chairman, and an equal number of 
businessmen and consumers, as additional members; in other cases 
they shall be staffed by the chairman and at least two expert 
businessmen as additional members. The chair.manshould be 
experienced in the area of competition law. The additional 
members shall be appointed by the chairman for each dispute from 
a list of members to be compiled annually for the calendar year. 
The appointment should be made with the consent of the parties. 
Sections 41 to 43 and ,section 44 subsection 2 to 4.otthe Code of 
Civil Procedure shall apply mutatis mutandis to the ,exclusion or 
rejection Of. members of' the 'mediation board., The Reg10nal . Courts 
(Landgerichte) (ch~er '. for., c()mmerc~al ~tters or, lt such ls 
lacking, the civil chamber) with ju~isdic't1on at ,the seat of the 
mediation board shall rule on petitions for rejection. 
(3) Where civil disputes under sections 13 and 13a are involved, 
the mediation board may be petitioned by each party to provide 
for an exchange. of views on "the dispute with the opposing party 
to the extent that the competitive acts in question relate to 
business dealings with the end consumer. In other civil disputes 
under s·ections 13 and 13a, the mediation board may be petitioned 
if the opposing party agrees. 
(4) In determination of the jurisdiction of the mediation board, 
section 24 shall apply mutatis mutandis. 
(5) The chairman of the mediation board may order the personal 
appearance of the parties. The mediation board may impose a fine 
on a party which is absent without grounds. Immediate appeal, 
pursuant to the provisions of the Code of Civil Procedure, to the 
Regional Court (Landgericht) (chamber for commercial matters or, 
if such is lacking, the civil chamber) with jurisdiction at the 
seat of the mediation board is available in opposition to an 
order for personal appearance and a determination of a fine. 
(6) The mediation board must strive for an amicable settlement. 
It may make a written settlement p+oposal with grounds attached. 
The settlement proposal and the grounds given "may be published 
only with the approval of the parties. IP/N/I/DEU/U/I 
Page 20 
(7) If a settlement is reached it must be entered in a separate 
document and, under the date on which it was reached, be signed 
by the members of the mediation boarp who took part in the 
proceedings, as well as by the parties. Compulsory compliance 
with the settlement reached before the mediation board is 
available; section 797a of the Code of Civil Procedure shall 
apply mutatis mutandis. 
(8) The mediatiQn board may refuse to initiat~ settlement 
negotiations if it believes,tha~ the claim which has ~~en filed 
is obviously,without basis' or "that it' has no jurisdiction. 
(9) By petitioning the mediation board, the running of the period 
of limitations shall be interrupted in the same manner as when a 
complaint is filed. Interruption shall last until conclusion of 
the proceedings before the mediation board. If a settlement is 
not reached, the mediation board must determine the time at which 
~ the proceedings are ended. The chairman must notify the parties 
of this. If the petition,to.the mediation board is withdr~wn, the 
interruption of the period of liinitations shall be considered not 
to have taken place. 
(10) If' a complaint is filed in a legal 'dispute of the type 
described in subsection 3 first sentence without any prior 
petition to the mediation board, ,the court may, subsequent ,to a 
motion and having established a new date for continuing J' the 
proceedings, commission the parties to petition the mediation 
board to seek an amicable settlement prior to this new date. In 
proceedings concerning a motion for the issue of a preliminary 
injunction, such order shall be· allowed only with the consent of 
, the opposing party. Subsection 8 shall not apply. If proceedings 
are pending before the mediation board, a complaint, filed by the 
opposing party, subsequent to the petition for mediation, for a 
declaratory judgment that the claims asserted are not valid shall 
not be permissible. 
(11) The Land Governments shall be authorized to issue 
regulations necessary for the execution of the above provisions IP/N/lIDEU/U/l 
Page 21 
and the organization of the proceedings before the mediation 
board, in particular concerning the supervision of the mediation 
board, concerning its membership granting adequate proportional 
_ participation on the ?oard by businessmen not members of Chambers 
of Industry and Commerce (section 2 subsections 2 to 6 of the Act 
for the Temporary Regulation of the Act on Chambers of Industry 
and Commerce dated 18 December 1956, Federal Law Gazette I, 
p. 920), and the enforcement of fines as well as determinations 
concerning the· assessment of fees by the mediation board. When 
staffing mediation boards, account shall be taken of such 
nominations of end consumers referred to in subsection 2 first 
·sentence as are made by consumer centres that are set up with 
public funds for a Land. 
Section 28 Repealed 
Section 29 Repealed 
Section 30 Entry into Force 
(1) This Act shall 'enter into force on October 1, 1909. 
(2) At the same time, the Act on the Repression of Unfair 
Competiton dated May 27, 1896 (Official Journal, p. 145).shall 
cease to be in force. 