Amendment Of The Federal Act Against Unfair Competition (Uwg Novella 2013) 1984

Original Language Title: Änderung des Bundesgesetzes gegen den unlauteren Wettbewerb 1984 (UWG-Novelle 2013)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_112/BGBLA_2013_I_112.html

112. Federal law, the Federal law against unfair competition is changed (unfair competition act amendment to 2013) 1984

The National Council has decided:

The Federal Act against unfair competition 1984 - unfair competition act, Federal Law Gazette No. 448/1984, as last amended by Federal Law Gazette I no. 13/2013, is amended as follows:

1 the heading before § 33a and the sections 33a to 33f following heading and replace following sections 33a to 33 c:

"4a. notice of sale for special reasons"

§ 33a. (1) the announcement of a sale with the claim that the entrepreneur will soon give up his business or relocate its premises, is permitted only with the approval of district administration authority competent according to the location of the sale. The application for the permit must be placed in writing and has the following information together with documentation for the Glaubhaftmachung of the reasons for include:



1. the merchandise to be sold according to quantity, quality and sales value;

2. the exact location of the sale;

3. the period during which the sell-off will take place;

4. the reasons which this sale, will be held such as the demise of the business owner, business closing, relocation of the business or other verifiable facts;

5. in the case of the practice of the trade by a tenant, 1994, Federal Law Gazette I no. 111/2002, ordered the before the entry into force of the amendment to the trade regulations, the Declaration of consent of the lessor to the announcement of a sale, if granting the request 33 b of paragraph 1 according to the ending of the trade licence pursuant to §.

(2) the district administrative authority has to urge the competent according to the location of the sell-out country Chamber of the Economic Chamber organisation before the decision on the application, to submit an opinion within a period of two weeks. The District Administration has to decide on the application within one month after its receipt.

(3) the permit is to refuse, if any reasons within the meaning of paragraph 1 Z 4 and thus an incorrect assertion exists after Z 15 of the annex.

(4) the granting in his quote has to contain the following information:



1. the merchandise to be sold according to quantity, quality and sales value;

2. the exact location of the sale;

3. the period during which the sell-off will take place;

4. the reason from the sell-off will take place.

(5) any announcement of a sale referred to in paragraph 1 has particularly the reasons for the sale, to include the period during which the sale will be held, and a general description of the sale concerned products. This information must comply with the permit notification.

(6) the announcement of a sale because of acts is to display before the proposed sale at the district administration authority competent according to the location of the sale. When displayed, the information referred to in paragraph 1 are Z 1 to 3 together with the documents for the Glaubhaftmachung of the reasons for the concrete acts of God such as flood, fire and the like, to teach.

(7) the district administrative authority determines that the actual announcement of a sale pursuant to paragraph 1 or 6 against the section violates § 1, 1a or 2 or the annex, so she has to apply immediately without prejudice to the punishment, the trader the cease and desist of any further announcement of a sale referred to in paragraph 1 or 6.

section 33 b. (1) has been granted approval for the announcement because of total dissolution of the business, so the underlying sales performance trade licence or the right to exercise the underlying sales performance industry of concerned further site ends with the end of the sales period specified in the permit notification. The holder of the trade licence as well as in the event of the lease of the industry of also the tenant may during the next three years in the community of the previous site not open a similar business or engage in such in such a way, that this income flow to them. The approval is a registered partnership, the prohibition will apply also to the personally liable partner. The carrier of the authorisation is a legal person, the prohibition will apply also for people with a relevant impact on the operation of the business of the legal entity. During this period they may not participate also as general partners or limited partners in a registered partnership which exerts a similar business in the community of the previous location.

(2) the district administrative authority may grant exemptions from paragraph 1 if there has been a change caused by the intervening party not in circumstances, which was decisive for the conveyance of commercial operation, or not granting the exception could have a serious economic impact of the applicant to the result. Before the decision on such an application is to urge the competent under the location country Chamber of the Economic Chamber organisation, to give an opinion within a period of four weeks.

(3) paragraphs 1 and 2 shall apply mutatis mutandis also apply if someone announces the sale in accordance with § 33a paragraph 1 without a permit. The relevant trade licence ends here with the actual termination of the announcement of the sale; the District Administration has this ending with notice to determine.

§ 33c. Who contravenes the provisions of § 33a paragraph 1, 5 and 6 and 33 b, par. 1 and 3, commits an administrative offence and is to be punished up to €2900 by fine by the district administrative authority."

2. the heading to § 34: '5. General provisions to the sections 27 to 33 c' and section 34 para 3 first sentence reads: "(3) who the rules according to §§ 27, 28a, 29, 31 and the regulations according to § 32 contravenes, can be taken without prejudice to law enforcement on injunctive relief and at fault for damages claim."

3. in the annex the heading "Commercial practices which are in all circumstances considered unfair" under the word "Annex" is inserted in the Middle, the expression (section 27) is not available in Z 14 and lit in Z 31. the phrase "via post or telephone charges at the standard rate," b is omitted after the word "Cost".

Fischer

Faymann