(1) The proprietor of a trade mark or of a commercial designation may sue the infringer in cases falling under sections 14, 15 and 17 for destruction of the goods held or owned by the infringer that are unlawfully identified. Sentence 1 shall apply accordingly to materials and implements which are owned by the infringer which were predominantly used for unlawfully identifying the goods.
(2) The proprietor of a trade mark or of a commercial designation may sue the infringer in cases falling under sections 14, 15 and 17 for the recall of unlawfully identified goods or their final removal from the channels of commerce.
(3) The claims under subsections (1) and (2) shall be ruled out if such a claim is disproportionate in an individual case. When examining proportionality, consideration shall be given to the legitimate interests of third parties.