The Request To Cease And Desist Letter (Abmahnung) is a fundamental instrument in German legal practice, serving as a formal warning and demand to stop specific activities before initiating court proceedings. This document is commonly used in cases involving intellectual property infringement, unfair competition, privacy violations, or breach of contract. Under German law, sending a proper cease and desist letter is often a prerequisite before seeking court intervention, as it demonstrates the sender's attempt to resolve the dispute amicably. The letter must be precisely drafted to include all legally required elements: clear identification of parties, detailed description of the violation, legal basis, evidence, specific demands, and reasonable deadlines. It typically includes a pre-formulated declaration of discontinuance (Unterlassungserklärung) and may include cost reimbursement demands. Failure to respond appropriately to a valid cease and desist letter can lead to court proceedings and increased legal costs.
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1. Sender and Recipient Details: Full legal names and addresses of both parties, including any relevant registration numbers for businesses
2. Date and Reference: Current date and any relevant reference numbers
3. Subject Line: Clear identification as a Cease and Desist Letter (Abmahnung)
4. Description of Violation: Detailed description of the specific violation, including when and where it occurred
5. Legal Basis: Citation of relevant laws and legal grounds for the complaint
6. Evidence Reference: Reference to specific evidence demonstrating the violation (detailed in appendices)
7. Demands: Clear statement of specific actions required to remedy the situation
8. Deadline: Specific deadline for compliance (typically 1-2 weeks under German practice)
9. Declaration of Discontinuance: Request for signed cease and desist declaration (Unterlassungserklärung)
10. Consequences: Description of legal actions that will be taken if demands are not met
11. Closing: Formal closing, signature block, and list of enclosed documents
1. Cost Reimbursement Demand: Section requesting reimbursement of legal costs - include when represented by legal counsel
2. Damages Claim: Section demanding compensation for damages - include when monetary losses can be demonstrated
3. Previous Violations: Reference to any previous similar violations - include if there is a history of infractions
4. Contractual Penalty: Proposed contractual penalty for future violations - include for serious violations or repeat offenders
5. Power of Attorney: Reference to legal representation authority - include when sent by a lawyer
6. Jurisdiction Clause: Specification of competent court - include in cross-border cases or when jurisdiction might be unclear
1. Evidence Documentation: Copies of evidence proving the violation (screenshots, photographs, documents, etc.)
2. Unterlassungserklärung: Pre-formulated cease and desist declaration for the recipient to sign
3. Power of Attorney Document: If applicable, documentation proving authority to act on behalf of the sender
4. Previous Correspondence: Copies of any relevant previous communication between parties
5. Cost Calculation: Detailed breakdown of legal costs if reimbursement is demanded
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