Injunctive Action Act
| Basic data | |
|---|---|
| Title: | Law on Injunctions for Consumer Rights and Other Violations |
| Short title: | Injunctive Action Act |
| Abbreviation: | UKlaG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Private law , procedural law |
| References : | 402-37 |
| Original version from: | November 26, 2001 ( Federal Law Gazette I pp. 3138, 3173 ) |
| Entry into force on: | January 1, 2002 |
| New announcement from: | August 27, 2002 ( Federal Law Gazette I p. 3422 , ber.p. 4346 ) |
| Last change by: |
Art. 2 G of June 25, 2020 ( Federal Law Gazette I p. 1474, 1477 ) |
| Effective date of the last change: |
June 30, 2020 (Art. 5 G of June 25, 2020) |
| GESTA : | C123 |
| Please note the note on the applicable legal version. | |
The German Injunction Act ( UKlaG ) was within the law of obligations modernization in 2002 , adopted the formal and legal provisions of the Terms Act whose substantive part in the § § 305 - 310 BGB has been converted to provide on its own legal basis.
The UKlaG primarily serves consumer protection . Since individual lawsuits can only be insufficient to enforce consumer protection against unfair general terms and conditions, an independent collective right of action was created, which is only permitted in German civil proceedings in exceptional cases. In the area of labor law , the Injunctive Action Act according to § 15 UKlaG does not apply.
In addition to formal legal provisions, the UKlaG also creates injunctive relief, which take precedence over §§ 823, 1004 BGB. § 1 UKlaG is directed against the use of inadmissible general terms and conditions, § 2 UKlaG is directed against other violations of consumer protection, § 2a UKlaG against copyright violations according to § 95b Copyright Act (UrhG) . The active legitimation according to the law is determined by § § 3 , 3a and 4 UKlaG. The Federal Office of Justice maintains a list of currently 78 eligible bodies, mostly from the areas of tenant and consumer protection.
In formal and legal terms, the law is linked to the code of civil procedure . The regional court is always responsible in the first instance in accordance with Section 6 UKlaG . In principle, the regional court at the defendant's seat is locally responsible. However, different from this, the local jurisdiction can be regulated separately by the federal states (concentration of jurisdiction). Bavaria, for example, has set up special jurisdiction for the regional courts at the respective seat of the three Bavarian higher regional courts for proceedings under sections 1 to 2 of the UKlaG.
The Legal Services Act , which has been in force since July 1, 2008, is a consumer protection act within the meaning of the Injunctive Action Act (Section 2 (2) No. 8 UKlaG).
literature
- Palandt -Bassenge: Civil Code. Commentary on the BGB with subsidiary laws , here: Commentary on the UKlaG, 70th edition, Munich 2011, ISBN 978-3-406-61000-4
Web links
- Text of the Injunctive Action Act
- Federal Office of Justice: List of qualified institutions according to Section 4 of the Injunctive Action Act (UKlaG) Status: January 1, 2018, accessed on March 3, 2018.
Individual evidence
- ↑ cf. Section 6 of the ordinance on judicial competences in the area of the State Ministry of Justice (Judicial Competency Ordinance - GZVJu) of June 11, 2012 (GVBl. P. 295)
