Die Verbandsklage bei missbräuchlichen AGB

The Federal Law Against Unfair Competition (UWG) allows associations to take legal action against unfair practices in the interest of third parties. This dissertation from Freiburg examines the characteristics of this association's right to sue and analyzes which claims associations can assert and what effects their lawsuits have when abusive general terms and conditions (AGB) are used. It also clarifies the contentious question of the criteria for determining the abusiveness of AGB. The focus is on the injunction claim, which allows associations to seek a court order to prohibit the unfair use of AGB. The author concludes that this prohibition not only becomes legally binding between the suing association and the defendant user but can also be invoked by third parties.