(1) Whoever engages in an illegal commercial practice pursuant to section 3 or section 7 can be sued for elimination and, in the event of the risk of recurrence, to cease and desist. The claim to cease and desist already pertains in the event of the risk of such infringement of section 3 or section 7.
(2) Where the infringements are committed in a business by a member of staff or by a person exercising a mandate, the claim to cease and desist and the claim to elimination are also deemed to apply in relation to the owner of the business.
(3) The claims under subsection (1) vest in
1. any competitor which supplies or demands goods or services not only to an insignificant extent and not only occasionally;
2. those associations with legal personality which exist for the promotion of commercial or independent professional interests which are included in the list of qualified trade associations referred to in section 8b if they have a considerable number of members which are entrepreneurs which supply goods or services of the same or similar type on the same market and the infringement affects the interests of their members;
3. those qualified consumer associations which are included in the list as referred to in section 4 of the Injunctive Relief Act (Unterlassungsklagengesetz) and those qualified entities from other Member States of the European Union which are included in the list kept by the European Commission as referred to in 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, 4.12.2020, p. 1);
4. chambers of industry and commerce, organisations established under the Trade and Crafts Code (Handwerksordnung) and other professional corporations under public law in the course of fulfilling their tasks, as well as trade unions in the course of fulfilling their tasks in relation to representing independent professional interests.
(4) The bodies referred to in subsection (3) nos. 2 and 3 may not assert any claims while their entry is dormant.
(5) Section 13 of the Injunctive Relief Act applies accordingly; the claims listed in section 13 (1) and (3) sentence 2 of the Injunctive Relief Act are replaced by the claims under this provision. Where an entity entitled to assert a claim under subsection (3) no. 3 asserts claims by judicial process under subsection (1), sections 5a and 6a of the Injunctive Relief Act apply accordingly. In all other respects, the Injunctive Relief Act does not apply, unless one of the cases listed in section 2a of the Injunctive Relief Act applies.