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Interim injunctions in unfair-competition cases: Section 24 UWG

Section 24 UWG provides a specific protective instrument for injunction claims under the UWG. It does not replace a sound factual record or the need to define precisely w.

, Mag. Bernhard Brandauer, Rechtsanwalt

§ 24 UWG is the statutory starting point for interim relief. The assessment depends on facts, evidence and the remedy sought.

A general suspicion cannot replace a review of the individual facts. Preserve original versions, approvals, customer communications and procedural steps with date and origin.

Keep the factual record separate from legal conclusions so the review remains traceable.

§ 24 UWG: The provision does not create an automatic result.
First orientation

Which documents matter most for interim relief?

§ 24 UWG

§ 24 UWG

01 Question 1

Which documents matter most for interim relief?

§ 24 UWG

First orientation

Which documents matter most for interim relief?

01

The situation and remedy are still unclear.

List parties, objective and original records.

02

The facts are documented, but the legal classification requires review.

Secure missing documents and review claim and evidential value.

03

The file is organised and ready for legal assessment.

Send the file and clarify the next legal step.

Legal framework

§ 24 UWG must be read with the UWG rules on claims and evidence.

The specific conduct and remedy remain decisive.

Relevant facts

For interim relief, a label alone is not decisive.

Check market relationship, communication, timing and reach.

Organise evidence

Preserve documents with date and origin. Do not silently alter internal records.

Link each item to the question it should prove: this keeps assumptions separate from facts.

Prepare the procedure

Clarify warning letter, interim relief, undertaking or damages before responding.

Each instrument has different requirements and risks.

Avoid assumptions

Commercially undesirable conduct is not automatically unlawful.

Avoid public accusations and deadline promises; document facts first.

Practical steps

Create a file with parties, timeline, originals, impact and objective.

Use the self-check or discuss the organised file with the firm.

FAQ

Frequently asked questions

What should be documented first? +

§ 24 UWG is the statutory starting point.

Can action be taken immediately? +

§ 24 UWG is the statutory starting point.

What is the role of the statutory rule? +

§ 24 UWG is the statutory starting point.

Topics

interim relief in unfair-competition disputes§ 24 UWGUnfair competitionInjunctions

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