Wednesday, November 4, 2009

Abmahnung

Abmahnung (a written warning in German) is the formal request by one person to another person to forthwith stop a certain behaviour.

If this formal request is made by an attorney, then it is a cease-and-desist letter (but not a cease-and-desist order, which is called einstweilige Verfügung in German law). It is used much more between private parties than a consent decree is in the United States, since German law permits attorneys to file suit to bring an end to an observed wrong done to a third party, whereas in the United States, parties must have standing to sue (i.e. only the wronged party can sue).

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