Competition law infringements frequently occur online. When this is the case, the question almost always arises as to which regional court has local jurisdiction for legal enforcement. This is because competition law infringements on the internet always have nationwide effect. The Frankfurt am Main Regional Court, in its judgment of May 11, 2021, Ref. No.: 3-06 O 14/21, clarified when the so-called 'flying jurisdiction' is permissible in cases of competition law infringement, allowing the rights holder to 'choose' their court location.
Which jurisdiction arises from Section 14 (2) of the UWG?
According to Section 14 (2) sentences 1 and 2 of the UWG, a claim must be filed either at the defendant's place of jurisdiction or at the regional court in whose district the infringement occurred (the so-called 'flying jurisdiction'). The claimant can choose between the two aforementioned jurisdictions and, in the case of flying jurisdiction, also has the right to select which of the 116 regional courts in Germany they wish to pursue their rights before.
Does flying jurisdiction always apply?
According to Section 14 (2) sentence 3 Nos. 1 and 2 of the UWG, flying jurisdiction does not apply, among other things, to legal disputes concerning infringements in electronic commerce or telemedia.
Competition law infringement on the internet = in electronic commerce or telemedia?
It is questionable whether a competition law infringement on the internet always constitutes an infringement in electronic commerce or telemedia.
The Frankfurt am Main Regional Court, in its judgment of May 11, 2021, file number 3-06 O 14/21, has now ruled that a competition law infringement on the internet only constitutes an infringement in electronic legal transactions or telemedia if the infringing act is factually linked to electronic legal transactions or telemedia.
An infringement linked to an act in electronic commerce or telemedia, for example, does not exist if an act of unfairness under Section 4 Nos. 1, 2 UWG is asserted. Such an act is not suitable for creating a high potential for abuse and the risk of mass warning letters, as is the case, for example, with a violation of information and labeling obligations.
Conclusion
As previously ruled by the Düsseldorf Regional Court, the Frankfurt am Main Regional Court has now also decided that the new Section 14 (2) sentence 3 No. 1 UWG ('flying jurisdiction') only applies if the infringement in question is factually linked to an act in electronic legal transactions or telemedia.
We are happy to assist you with any questions regarding competition law. Naturally, we also enforce your rights nationwide before all courts.
Source: Frankfurt am Main Regional Court, Judgment of May 11, 2021, Ref. No. 3-06 O 14/21
GoldbergUllrich Attorneys at Law 2021
Attorney at Law Christopher Pillat, LL.M. (Intellectual Property Law)
