Deutschland Kompass
↰ Abmahnung in Germany: deadlines, undertaking and costs
STEP

Work out what the letter is and who sent it

The German word Abmahnung covers three different things. Establish which one you are facing, then check whether the letter contains the details the law requires.

✓ Verified: 11/08/2026

WHAT TO DO

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› Details and tips
👨🏻‍💻
Max recommends:

Keep the postmarked envelope, not just the letter. The date printed on the letter and the date it reached you almost always differ, and the deadline runs from the second one.

👩🏼‍💼
Lea recommends:

Start by identifying the sender: rights holder, their lawyer, or a competition association. That determines both which details are mandatory and what money can be demanded at all.

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FREQUENTLY ASKED QUESTIONS

What is an Abmahnung in this sense? ▾

It is an out-of-court demand to stop an infringement. The law expressly expects this step before litigation: the rights holder should warn the infringer and offer the chance to settle by accepting an undertaking to desist, backed by a reasonable contractual penalty.

Is it the same as a warning from an employer? ▾

No, even though the word is identical. Employment warnings and landlord warnings are separate institutions with different consequences and different deadlines. This is about infringing someone elses exclusive right or the rules of fair competition.

What does the law require the letter to contain? ▾

The name of the rights holder where a representative sends it; a precise description of the infringement; a breakdown of the money claimed into damages and expenses; and a statement of whether the proposed undertaking goes substantially beyond the infringement itself.

What if those details are missing? ▾

The law is explicit: a warning that fails these requirements is ineffective. That does not mean no infringement occurred, but it bears directly on the claims made in the letter.

Can I simply refuse to accept the letter? ▾

Refusing delivery stops no deadline and solves nothing. The senders next step is usually court, and there it does not help that you never read the letter.

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