Constitutional Court dismisses company complaint about “arms inequality”


The Federal Constitutional Court has confirmed the fundamental legal requirements for procedural equality of arms also for preliminary injunction proceedings in the area of ​​fair trade law. In a decision announced on Friday, the Karlsruhe judges did not allow a constitutional complaint in the case of a manufacturer of impression sets for dental splints. The case is therefore of no fundamental importance, since the standards applicable to press and freedom of expression also apply in principle to fair trading.

The present case concerned a company from the dental sector that sends its customers home products with which they can take an impression and photos of their teeth themselves in order to create individual splints for tooth correction. Another company made a test purchase of such an impression set. Thereafter, this company sued the manufacturer for missing CE marking and demanded cease and desist.

The two companies are arguing about this demand in an ongoing civil process. The manufacturer of the impression set went to the Federal Constitutional Court against an injunction from the Munich I regional court. The Karlsruhe judges acknowledged that the court had violated the company’s information. However, this was not enough for a constitutional complaint, and the company had not been able to demonstrate a serious disadvantage. The actual procedure, in which oral proceedings were last scheduled, can therefore continue.


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