Injunction in favour of Ultra-Seal about environment and collection of tyre casings
After winning the preliminary court case against BRV in both court (Landgericht Bonn) and higher Federal court of appeal (Oberlandesgericht Köln) by Ultra-Seal, where Landgericht Bonn concluded that the ‘Richtlinien’ are not market conduct rules (Marktverhaltensvorschriften) within the meaning of German Unfair Competition Act (UWG), the BundesReifenVerband then took another approach in attacking Ultra-Seal by stating that the tyre sealant is bad for the environment and that problems can occur when tyre casings are being collected after being treated with Ultra-Seal.
Ultra-Seal filed a preliminary injunction court case against these statements, and the injunction was successfully issued on the 18th of October 2017 by Landgericht Köln (33 O 153/17, open to appeal).
Possible penalty for BRV up to €250,000.00
The Landgericht Köln concluded that the BundesReifenVerband cannot uphold the arguments anymore on both the product being environmentally unfriendly, and the wrongful accusations on possible tyre casing collection problems when tyres contain Ultra-Seal.
If BRV does not obey the decision of the court and will continue sending out any such statements as prohibited by the court, a penalty up to €250,000.00 as stipulated by German law can be imposed on BRV.