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Good news first: on 10 September 2020, the law against the abuse of warning letters was passed by the Bundestag, because "warning letters should be issued in the interest of legally neutral competition or the enforcement of consumer law and should not be used to generate reimbursement of expenses and contractual penalties", according to the justification of former Federal Minister of Justice Katarina Barley.

With the help of the new law, higher requirements for the authority to assert claims, the reduction of financial incentives for warning letters, more transparency and simplified possibilities for asserting counterclaims are intended to bring about significantly improved protection against abusive warning letters, with the goal of halving the abuse of warning letters. From this point of view, it is a great thing that the Bundestag now finally recognises the abuse of warning letters for profit as a fact in need of regulation and wants to combat it - in theory.

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