Injunctive relief and damages claims

(1) A provider of publicly available telecommunications services that infringes this Act, a statutory instrument issued under this Act, an obligation imposed in an assignment under this Act, or an order of the Federal Network Agency, is required to cease and desist vis-à-vis the person affected. The claim for injunctive relief exists even where an infringement merely threatens. A person is affected where they are, as an end user or competitor, adversely affected by the infringement. Where the provider is at fault by way of intent or negligence, it is also liable to an end user or a competitor for compensation of the damage arising to them from the infringement. The provider must pay interest on monetary debts under the fourth sentence from the occurrence of the damage. Sections 288 and 289, first sentence, of the Civil Code apply correspondingly.
(2) Insofar as a provider is required, under a provision of this Part, to pay compensation to the end user, or is liable to the end user or to a competitor under the general provisions on damages, that compensation or that liability for damages is to be set off against damages under subsection (1); damages under subsection (1) are to be set off against the compensation or against liability for damages under the general provisions.