The court considered that the defendant's clause infringes § 477 I BGB (German Civil Code), because mandatory information obligations were not complied with. In particular, the clause did not mention the additional consumer rights according to § 477 I BGB.
The court also found that § 477 I BGB is a market conduct rule (in the sense of § 4 Nr. 11 UWG), so that the violation of the civil law rule of § 477 I BGB is able to constitute a violation under unfair competition law according to § 4 No. 11 UWG.
The court furthermore considered that the use of invalid general terms and conditions can be challenged by competitors on the basis of §§ 3, 4 Nr. 11 UWG. Since the UCP Directive also covers commercial practices after conclusion of a contract (see article 2(d) and 3, item 1 of the UCP Directive) an interpretation of the UWG in accordance with the UCP Directive results in the finding that the use of invalid general terms and conditions falls under unfair competition law.