Unfair Commercial Practices Directive, Chapter 1, Article 2, (d)

The enforcement of contractual claims, in particular payment claims, is linked to the fulfillment of a contract and therefore constitutes a commercial practice.  

The announcement of the visit of a specialised money collection team can constitute an aggressive commercial practice.

The contested facts in this case were simple and straightforward.

The defendant sent a reminder and announced the visit of a specialised money collection team to its debtors.

Does the announcement of the visit of a specialised money collection team constitute an unfair commercial practice?

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.

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The plaintiff's request was granted.