The court considered that the behaviour of the defendant constitutes a commercial practice in the meaning of § 2 Nr. 1 UWG. A commercial practice includes every action of a person in favour of its own company which is linked to the fulfillment of a contract about goods or services.
The enforcement of contractual claims, in particular payment claims, is linked to the fulfillment of a contract and therefore constitutes a commercial practice according to § 2 Nr. 1 UWG.
The court concluded that the defendant's announcement of the visit of a specialised money collection team constituted, in this case, an unfair commercial practice according to § 4 Nr. 1 UWG, as it could be interpreted as such that the team was ready to enforce its claims by using violence.
This qualified as an inappropriate nuisance, according to § 4 nr. 1 UWG and was considered an aggressive commercial practice.