In a decision of 08.02.2016, ref.: 13 W 6/16, the OLG Celle dealt with the amounts in dispute in the event of a breach of statutory information duties. In the aforementioned order, the OLG Celle stated that in preliminary injunction proceedings, the amounts in dispute in the event of breaches of the duties to provide information on the model revocation form, the duties to provide other information in consumer contracts and contracts in electronic legal transactions, the mandatory information required under Section 1 of the Price Indication Ordinance per mandatory information or in the event of the use of an anti-competitive general terms and conditions clause in general terms and conditions are each to be assessed at an amount in dispute of € 2,000.00 per challenged clause.
In the opinion of the OLG Celle, breaches of competition against the information on the right of withdrawal of consumers and the statutory information duties in consumer contracts, distance contracts and contracts in electronic legal transactions generally only have a minor adverse effect on the common interests of the infringed competitors. Taking into account the reduction of the amount in dispute pursuant to Section 51 (4) GKG in preliminary injunction proceedings by 1/3 compared to the amount in dispute in the main action, the OLG Celle was therefore of the opinion that an amount in dispute of € 2,000.00 per breach of duty was appropriate and sufficient for each of the aforementioned breaches.
The OLG Celle further states that the interests of an association pursuant to Section 8 (3) no. 2 UWG are to be equated with the interests of a competitor.
Goldberg Attorneys at Law 2016
Michael Ullrich, LL. M. (Information Law)
Lawyer and Specialist lawyer for information technology law (IT law)
E-mail: info@goldberg.de
