Munich Higher Regional Court ruled that there is a right to injunctive relief against unfair advertising statements even if made by competitors in public bids.
Dr. Matthias Kühn, lead advisor to C/S Germany, which prevailed in the invitation to bid and in the civil court proceedings, is certain: “This decision will contribute to better protection of award procedures against unfair advertising messages in the future.” The successful representation before the Civil Senate was led by Dr. Robert Güther.
C/S Germany intended to offer wall protection panels with high-quality fire protection properties to a public client. Another bidder claimed that these properties were not possible when the panels were glued on. C/S Germany was nevertheless awarded the contract. In addition, in its October 25, 2018 preliminary injunction ruling, Munich Higher Regional Court prohibited the competitor from repeating its claim. In particular, the court concurred with C/S Germany’s view that unfair advertising claims may be subject to full review by the civil courts under the law against unfair competition even in award procedures.
Counsel to C/S Deutschland GmbH
Heuking Kühn Lüer Wojtek:
Dr. Matthias Kühn, LL.M. (Competition, Public Procurement)
Dr. Robert Güther (Competition, Civil Litigation), both Berlin