Even before the judgment of the Lübeck Regional Court, there were proceedings before the Karlsruhe Regional Court and Higher Regional Court (file numbers 18 O 34/16 and 6 U 164/16) in which ApoRisk was prohibited from distributing harassing advertising emails. The Mönchengladbach regional court has also issued a corresponding ban after numerous advertising e-mails were sent again in September this year (file number 8 O 26/21).
Lawsuit from the competitor
A competitor had sued, namely the insurance broker Steffen Benecke, who also specializes in pharmacies and medical supply stores. Together with his lawyer Jascha Arif, he had previously checked the relevant documents and business practices. ApoRisk denies the allegations to the DAZ and does not see any disadvantage for its own customers. The legal dispute was primarily lost because a corresponding framework agreement with the Helvetia insurance company was insufficient as evidence for the court and a written advance notice was not taken into account. In the grounds of the judgment one reads, however, that the court had the framework agreement as well as the written advance notice and on this basis does not consider it to be proven whether a market and continued existence guarantee actually exists.
Just the tip of the iceberg? According to information from the DAZ, other Helvetia insurance benefits could also have been misleadingly advertised by ApoRisk. The documents show that the insurance broker is promoting the failure of pharmaceutical refrigerators and protection against retaxation with coverage amounts in the six- to seven-digit range. In contrast, the respective agreements with Helvetia only contain sums in the mid five-digit range.
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