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Received a German warning letter (Abmahnung): the first 72 hours and what not to do alone

Short answer

An Abmahnung is a warning before litigation: the sender wants you to settle by signing a cease-and-desist undertaking backed by a contractual penalty. It is not a court summons, but do not sign without reading it and do not ignore it. UWG § 13 Abs. 1

The key facts at a glance

Legal basis
UWG § 13(1): those entitled to claim should warn first and give the other side the chance to sign an undertaking. UWG § 13 Abs. 1
Who may send
A competitor regularly selling such goods; the statute also lists qualified associations and others. UWG § 8 Abs. 3 Nr. 1; UWG § 8 Abs. 3 Nr. 2
The letter must state
Sender's name, basis of standing, whether and how costs are claimed, and the facts of the violation. UWG § 13 Abs. 2; UWG § 13 Abs. 2 Nr. 3 und 4
Costs
If the warning is justified and complies, necessary costs may be claimed. UWG § 13 Abs. 3
A defective warning
You can claim your defence costs from the sender (with limits). UWG § 13 Abs. 5
The first 72 hours in order1Hours 0-24: do not reply or signKeep the original and delivery details,note the deadline, screenshot yourlistings2Hours 24-48: check what theletter saysCompare with the § 13 list; check theduty exists and whether you areregistered3Hours 48-72: get a German lawyerBring the letter, screenshots andnumbers; the undertaking is reviewedby the lawyer first
Figure 1. The first 72 hours in order

First, what it is

The statute's design: the claimant warns before suing and gives you the chance to settle with a cease-and-desist undertaking backed by an appropriate contractual penalty. UWG § 13 Abs. 1

Those who may send include competitors that sell or purchase such goods to a not insignificant extent and not merely occasionally. UWG § 8 Abs. 3 Nr. 1

So the sender may be another seller in your category rather than an authority.

Why a missing registration can draw one

UWG § 3a: acting against a statutory rule that also regulates market conduct in the interest of market participants is unfair, if the breach is likely to appreciably affect the interests of consumers, other market participants or competitors. UWG § 3a

Whether a given registration duty (WEEE, battery, packaging, EU responsible person) is such a market conduct rule is for the courts. This guide draws no conclusion.

What the letter must contain: check it against the list

The warning must state clearly and understandably: UWG § 13 Abs. 2

How costs work

If the warning is justified and meets those requirements, the sender can claim its necessary costs. UWG § 13 Abs. 3

But a competitor (§ 8(3) no. 1) cannot claim costs for a warning about breaches of statutory information and labelling duties in e-commerce. UWG § 13 Abs. 4 Nr. 1

If the warning is unjustified or defective, you can claim the costs of your defence, limited to the amount the sender claims. UWG § 13 Abs. 5

Whether a registration duty counts as an "information and labelling duty" affects whether costs can be claimed. That is a question for the lawyer.

The 72-hour checklist

Note: 72 hours is a suggested working window, not a statutory period. The real deadline is the one stated in the letter; write it down.

  1. Do not sign or reply. Keep the envelope, the original email and the date received.
  2. Note the deadline stated in the letter and convert it to a date in your location.
  3. Screenshot the accused listing now, before changing anything.
  4. Use our guides to check whether the alleged duty exists and look yourself up in the public registers.
  5. Contact a licensed German lawyer. Bring the letter, screenshots, numbers and representative contract.
  6. Let the lawyer review the undertaking before deciding whether and how to sign.

What this guide did not verify

Not verified here: how legal fees and contractual penalties are calculated, the consequences of signing, whether the sender may send the letter, and court rulings on whether each registration duty is a market conduct rule. A German lawyer must judge these.

What to do: three steps

  1. Free checkPick a category, 1 minute, no account
  2. Read the resultEvery item with its source link and a cost range
  3. A partner, if you want onePartners quote you directly
Check what my listings are missing, free

Or add us on WeChat: search 「Rick｜欧关合规」 and ask directly.

What sellers also ask

Will this letter get my Amazon shop closed?

The letter itself does not. But if the duty it alleges is genuinely unmet, the platform may restrict listings for the same reason. Close the gap first; see the delisting guide.

Is the sender a competitor or an association?

The letter must name the sender and state the basis of its standing; that is a legal requirement for the letter. UWG § 13 Abs. 2

Can I just sign the undertaking they attached?

The undertaking is backed by an appropriate contractual penalty. Its amount and scope bind you, so a lawyer should review it. UWG § 13 Abs. 1

Where does each statement come from?

Every source below is a legal text or an authority page; click through to compare.

  1. UWG § 13 Abs. 1 · read 2026-10-27
  2. UWG § 13 Abs. 2 · read 2026-10-27
  3. UWG § 13 Abs. 2 Nr. 3 und 4 · read 2026-10-27
  4. UWG § 13 Abs. 3 · read 2026-10-27
  5. UWG § 13 Abs. 4 Nr. 1 · read 2026-10-27
  6. UWG § 13 Abs. 5 · read 2026-10-27
  7. UWG § 3a · read 2026-10-27
  8. UWG § 8 Abs. 3 Nr. 1 · read 2026-10-27
  9. UWG § 8 Abs. 3 Nr. 2 · read 2026-10-27

This guide summarises public legal texts and authority pages as general information. It is not legal advice. For your case, ask a licensed German lawyer.

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