IDO Association
must not
enforce.
IDO Association
must not
enforce.
from
Federal Court of Justice clarifies: No enforcement without list entry. The IDO Association loses its authority and may not enforce old titles.
Old titles on the test bench
The IDO Association is one of the trade associations that, prior to the UWG reform, obtained numerous injunctions through the systematic prosecution of competition law infringements – a business model that the legislator wanted to curb with the “Act to Strengthen Fair Competition”. Therefore, associations that are entered in the list of qualified trade associations are now entitled to claim, which does not currently apply to the IDO Association. The Federal Court of Justice has now ruled on the enforceability of old titles.
In 2020, the IDO association obtained an injunction against a pet retail company for violating the Price Indication Ordinance. When the association filed an application for an injunction in 2024, the company defended itself with an action to prevent enforcement: According to the new version of the UWG, the IDO association was no longer authorized to act due to its lack of registration in the list of qualified trade associations at the Federal Office of Justice. The Regional Court upheld the claim, but the Düsseldorf Higher Regional Court dismissed it. The company’s appeal was successful.
Federal Court of Justice strengthens debtors’ rights
In its ruling of July 17, 2025 (I ZR 243/24), the Federal Court of Justice ruled in favor of the plaintiff company. The action to defend against enforcement is admissible if a creditor’s substantive authority ceases to exist due to a change in the law. The judges clarified that the transitional provision of the UWG only applies to ongoing cognizance proceedings, but not to subsequent enforcement proceedings.
The transitional provision does not regulate either the enforcement proceedings or the action to defend against enforcement.
Since the IDO association is not registered in the list of qualified trade associations, it no longer has any material entitlement to injunctive relief. In the opinion of the Senate, it would contradict the purpose of the law if non-registered associations were able to enforce old titles without restriction, even though they do not meet the stricter requirements of the new competition law.
Conclusion
Associations that are not entered in the list of qualified trade associations can no longer enforce injunctions obtained before 2021. Companies affected by enforcement measures can take successful action against them. Declarations to cease and desist that have already been issued can be terminated.
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