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)

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112. Federal law amending the Federal Act against Unfair Competition 1984 (UWG-Novelle 2013)

The National Council has decided:

The Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448/1984, as last amended by the Federal Law BGBl. I n ° 13/2013, shall be amended as follows:

1. The headline before § 33a and § § 33a to 33f are replaced by the following heading and the following § § 33a to 33c:

" 4a. Announcement of sales for special reasons

§ 33a. (1) The announcement of a sale with the allegation that the trader will soon give up his business or relocate his business premises shall only be granted with the approval of the district administrative authority responsible for the location of the sale. allowed. The request for the authorization shall be submitted in writing and shall contain the following information together with documents for the purpose of the credibility of the reasons for the authorisation:

1.

the goods to be divested by quantity, nature and sales value;

2.

the exact location of the sales;

3.

the period during which the sale is to take place;

4.

the grounds on which the sale is to take place, such as the holding of the business owner, the cessation of business operations, the relocation of the business or any other evidence that can be used;

5.

in the case of the exercise of the trade by a tenant, who is still before the entry into force of the amendment to the 1994 Commercial Code, BGBl. I n ° 111/2002, the consents ' declaration of consent for the announcement of a sale if the authorisation of the request is to withdraw the commercial authorization in accordance with section 33b (1).

(2) Before deciding on the request, the district administrative authority shall require the Chamber of Commerce of the Economic Chamber organization responsible for the location of the sales department to issue an expert opinion within a period of two weeks. The district administrative authority shall decide on the request within one month after the date of its entry.

(3) The authorization shall be refused if there are no grounds within the meaning of paragraph 1 (4) of the Annex and there is therefore an incorrect allegation after Z 15 of the Annex.

(4) The declaration of consent shall contain the following information in its claim:

1.

the goods to be divested by quantity, nature and sales value;

2.

the exact location of the sales;

3.

the period during which the sale is to take place;

4.

the reason the sell-out is to take place.

(5) Any announcement of a sale in accordance with paragraph 1 shall include, in particular, the reasons for the sale, the period during which the sale is to take place and a general description of the goods to be sold. This information must be in accordance with the notification of consent.

(6) The announcement of a sale on the basis of an elementary event shall be notified before the start of the intended sale in the case of the district administrative authority responsible for the location of the sales. In the case of the advertisement, the information referred to in paragraph 1 (1) (1) to (3), together with documents for the credibility of the reasons for the specific elementary event, such as flooding, fire and the like, shall be attached.

(7) If the District Administrative Authority finds that the actual announcement of a sale in accordance with paragraph 1 or 6 is in breach of § § 1, 1a or 2 or the Annex, it shall without delay, without prejudice to the punishment, to the trader the Omission of any further announcement of a sale pursuant to para. 1 or 6.

§ 33b. (1) If the authorization has been issued for the announcement on the grounds of complete dismissal of the transaction, the commercial authorization on which the sales activity is based shall be terminated with the expiry of the sales period indicated in the notification of consent. the right to carry out the sale of the underlying commercial activity in the further establishment concerned. The owner of this commercial authorization as well as in the case of leasing of the trade also the tenants may not open a similar commercial establishment during the following three years in the municipality of the previous site nor be able to in such a way as to enable them to receive a profit from them. If the institution of the authorization is a registered private company, the prohibition shall also apply to the members of the personal liability. If the institution of the authorization is a legal person, the prohibition shall also apply to persons with a decisive influence on the operation of the business of the legal person. During this period, they may also not participate as personally liable partners or comeditists in a registered civil society, which in the municipality of the previous location exerts a similar trade.

(2) The District Administrative Authority may grant exemptions from paragraph 1 if a change in the circumstances which was decisive for the dismissal of the commercial business has occurred or the non-approval of the exception has not been caused by the registered fault of the registered office. a serious economic impairment of the clerk would have resulted. Before deciding on such a request, the Chamber of Commerce of the Economic Chamber organization responsible for the location shall be required to issue an opinion within a period of four weeks.

(3) Paragraph 1 and 2 shall apply mutatily even if a person announces the sell-out in accordance with § 33a (1) without authorization. The relevant commercial authorization shall ensue with the actual termination of the announcement of the sale; the district administrative authority shall declare this final decision.

§ 33c. Those who are contrary to the provisions of § § 33a (1), (5) and (6) and 33b (1) and (3) are subject to an administrative surrender and shall be punished by the district administrative authority with a fine of up to € 2900. "

2. The heading to § 34 reads: " 5. General provisions relating to § § 27 to 33c " and § 34 (3), first sentence reads:

"(3) Any person who is contrary to the provisions of § § 27, 28a, 29, 31 and the regulations pursuant to § 32 may be entitled to compensation for damages without prejudice to prosecution and in the event of fault."

3. In the Annex, the following spoke: "Annex" in the middle the headline "Commercial practices that are considered unfair in all circumstances" inserted, in Z 14 the expression "(§ 27)" and in Z 31 lit. b is deleted after the word "Cost" the phrase "via post or telephone charges to the standard rate" .

Fischer

Faymann