Abmahnung
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Abmahnung (a written warning in German) is the formal request by one person to another person to forthwith stop a certain behaviour.
If this formal request is made by an attorney, then it is a cease-and-desist letter (but not a cease-and-desist order, which is called einstweilige Verfügung in German law). It is used much more between private parties than a consent decree is in the United States,[Not relevant] since German law permits a wide range of parties to file suit to bring an end to an observed wrong done to a third party,[1] whereas in the United States the requirements for a party's standing to sue are more restrictive (i.e. only the wronged party can sue).
In most cases,[clarification needed] the law allows the party sending the letter to demand payment of legal costs associated with the sending of the letter. In theory,[clarification needed] this allows anybody that observes a violation of a law that may be covered by an Abmahnung to hire an attorney, have a letter sent, and be reimbursed for the attorney's fees. In practice, a lawyer may do this without having been hired by a client who has been wronged, in essence searching for violators of covered laws and demanding payment from them for having found them. This abuse of the law has in recent years[when?] led to the so-called Abmahnwelle (-wave), as lawyers and copyright holders are trawling the internet searching for even minor and usually unintended violations of e.g. copyright law, with some lawfirms sending thousands of letter per year demanding payment.[citation needed]
[edit] References
- ^ § 8 of the Gesetz gegen den unlauteren Wettbewerb (UWG) (Competition law) (German)
Geschäftsführung ohne Auftrag (Acting without Consent) (German), Negotiorum gestio
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