(1) Whoever violates a provision of this Part or Article 101 or Article 102 of the Treaty on the Functioning of the European Union or Article 5, 6 or 7 of Regulation (EU) 2022/1925 (infringer) or whoever violates a decision issued by the competition authority shall be obliged to the person affected to rectify the harm caused by the infringement and, where there is a risk of recurrence, to desist from further infringements.
(2) A right to apply for injunction already exists if an infringement is impending.
(3) Affected persons are competitors or other market participants impaired by the infringement.
(4) Claims pursuant to subsection (1) may also be asserted by
1. associations with legal capacity for the promotion of commercial or independent professional interests, provided
a) they have a significant number of member undertakings that are affected persons within the meaning of subsection (3) and
b) are able, in particular with regard to their human, material and financial resources, to actually exercise their functions of pursuing commercial or independent professional interests as laid down in the statutes of the association;
2. qualified consumer associations entered in the list pursuant to Section 4 of the Act on Injunctive Relief [Unterlassungsklagengesetz] and qualified entities from other EU Member States entered in the European Commission's list pursuant to Article 5(1) sentence 4 of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409 of 4 December 2020, p. 1).