Equality of arms - The counterclaim of the defendant pursuant to Sec. 13 (5) Unfair Competition Act for reimbursement of the expenses for its legal defense

The "Act to Reinforce Fair Competition" has introduced a new claim for payment by the defendant who has been wrongly or incorrectly warned due to an infringement of the Unfair Competition Act (UWG), thus expanding the arsenal of his defense instruments. However, this basis for a claim does not seem to be very well known yet, so that a closer examination is worthwhile.
[Translate to EN:] WRP 2022, 949 ff.

The article by Dr. Andreas Schulz was published in WRP 2022, 949 et seq. (issue 8/2022) and can be downloaded here.