It is irrelevant whether the Club was successfully included in claim. A declaration may be required both from the Club and also the Board personally. The personal responsibility of the Board, irrespective of a conviction or cease and desist of the Association and vice versa. 4. when may a cease and desist letter? Whether the warning in some cases is entitled depends on many circumstances. Obviously unjustified warnings are very rare. The claims are to examine in detail. A warning should be therefore necessarily checked by a lawyer.
5. what reaction possibilities? The have from has the cease and desist letter to respond to in principle four ways: full declaration of pre-defined omission contained in the warning, Declaration of default in a modified form, if the warning is unwarranted, active Rejecting the cease and desist letter and ignore the watchdog letter (not recommended!) The possibility to react to recommended in some cases should be selected with a lawyer but even if legitimate warning without a vote. So is the pre-defined cease and desist often too far and can so not be fulfilled under certain circumstances. The Declaration can also without acknowledging the attorney fees will leave. A response will be cancelled but regardless, by the permission of the cease and desist letter within the time limit specified in the notice.
If the warning is ignored, the warning off obtained a restraining order in court and is thus another time and costs associated with the Association or the Board of Directors risk. A modified default declaration is carefully to check that the way is taken the admonition from, but to obtain a restraining order yet. Also could be contemplated, whether payable at the time the competent courts a protection script is the absence of evidence, that the warning off is to apply for a preliminary injunction in court. Only with a protective font, the have from has the opportunity to represent his views, because temporary injunctions usually without a hearing and initially without fair hearing of the Dunned down fare. If it is a case of an unauthorised warning, the have out in the way of a negative declaratory action by the Court can determine, that the impugned conduct is not a violation of the law. Under certain circumstances, an unwarranted warning may constitute a compensation obligation of the admonition from. 6. What is the cost benefit of the admonition from? When a legitimate warning, the refund claim that usually refers to replacement of the legal costs incurred, depends on value. The courts assume quickly simply bearing case a value of more than EUR 10,000.00. So get a sum for the cost of the activity of the opposing lawyer by are to pay about EUR 1,000.00 together, in case of a legitimate warning from the Association or the Board of Directors. But even here caution is that repeatedly the subject of value in the cease and desist letter is set too high. It is therefore always a legitimate warning to check whether the possibility of a reduction of the refund claim. Also, experience show that the other side often with less than the lawyer expenses required in the cease and desist letter are satisfied. The, competition of team of intellectual property law law and IT law”the firm Zirngibl Langwieser lawyers partnership is associations and their boards of Directors in the case of a cease and desist letter at your disposal. Rosemarie Nohbauer