The situation and remedy are still unclear.
List parties, objective and original records.
Latest
Proving factual advertising claims: Section 1(5) UWG
Section 1(5) UWG allows the court, where the statutory conditions are met, to allocate proof of factual claims to the business. Measurable, comparative or otherwise verif.
, Mag. Bernhard Brandauer, Rechtsanwalt
§ 1 Abs 5 UWG is the statutory starting point for evidence for advertising claims. 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.
§ 1 Abs 5 UWG: The provision does not create an automatic result.
First orientation
Which documents matter most for evidence for advertising claims?
§ 1 Abs 5 UWG
§ 1 Abs 5 UWG
Which documents matter most for evidence for advertising claims?
§ 1 Abs 5 UWG
First orientation
Which documents matter most for evidence for advertising claims?
The facts are documented, but the legal classification requires review.
Secure missing documents and review claim and evidential value.
The file is organised and ready for legal assessment.
Send the file and clarify the next legal step.
Legal framework
Legal framework
§ 1 Abs 5 UWG must be read with the UWG rules on claims and evidence.
The specific conduct and remedy remain decisive.
Relevant facts
Relevant facts
For evidence for advertising claims, a label alone is not decisive.
Check market relationship, communication, timing and reach.
Organise evidence
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
Prepare the procedure
Clarify warning letter, interim relief, undertaking or damages before responding.
Each instrument has different requirements and risks.
Avoid assumptions
Avoid assumptions
Commercially undesirable conduct is not automatically unlawful.
Avoid public accusations and deadline promises; document facts first.
Practical steps
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? +
§ 1 Abs 5 UWG is the statutory starting point.
Can action be taken immediately? +
§ 1 Abs 5 UWG is the statutory starting point.
What is the role of the statutory rule? +
§ 1 Abs 5 UWG is the statutory starting point.
Further information
Explore related topics
Topics
evidence for factual advertising claims§ 1 Abs 5 UWGUnfair competitionInjunctions
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