First customer protection
November 10, 2010 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
With the conclusion of the contract for the establishment of a (remaining anonymous) Real Estate GbR, I transferred the existing customer contacts and ongoing business as a sole proprietor of the (remaining anonymous) GbR. The dissolution of the (remaining anonymous) GbR was agreed upon in writing on 09.11.2010. I strongly disagree with the other partners (whether as sole proprietors or as (remaining anonymous) GbR - if the company name continues to be used) using and managing my customer contacts and business brought in by my sole proprietorship.
Question:
What is the quickest and safest way to legally prohibit the former business partners from doing this?
Via a temporary injunction?
Via a lawyer's letter?
Best regards,
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
An interim injunction is already a legal action, which I would generally only recommend if out-of-court measures fail. Therefore, you should first request a statement from specific individuals, setting a reasonable deadline (approximately 10-14 days), that certain information should not be used or disclosed.
If this deadline passes without success and the individuals do not provide the desired statement within the set timeframe, you should engage a local colleague experienced in corporate law to initially represent your interests out of court. The colleague should then forcefully send demand letters to the other party, outlining the consequences. In my experience, many issues can be resolved out of court in this manner.
If the lawyer's letter does not make an impression on the other party, legal action may be necessary. In theory, an interim injunction could also be considered, but only if there is a certain urgency that you would need to prove.
I hope this provides you with an initial legal orientation and wish you much success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a first legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me via email or the follow-up option.
Have a pleasant Wednesday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244
