Over 50 online retailers are already claiming damages from the IDO Association for abuse of rights. You have brought an action before the Cologne Regional Court and are demanding your money back.
Procedure for litigation
If you submit a lawsuit to the court, the court will first request the court costs due. This is then paid to the court treasury and after the payment has been made, the court will formally serve the complaint to the IDO.
Litigation decision of the Cologne Regional Court
The Cologne Regional Court has now informed me that it has ordered the so-called written preliminary proceedings. Specifically it says:
“Dear Sirs and Madames,
In the legal dispute XXX against IDO Interest Association for Legal and Financial Consulting of German Online Companies eV, the court ordered the written preliminary proceedings.
By order of the court, the defendant was requested to return within two weeks to state whether he wants to defend himself against the lawsuit.
At the same time, a further period of two weeks set for defense. So this further deadline is running four weeks after delivery of this letter.
With best regards
XXX
Judiciary “
The court ordered the following:
“Leader of the process
In the litigation
XXX against IDO interest group for legal and financial consulting of German online companies
1.
The written preliminary procedure is ordered (8 276 ZPO).
The defendant is requested to respond within an emergency period of two weeks after delivery to notify the court in writing of the statement of claim if he wants to defend himself against the claim or whether the claim is partially or fully recognized.
If the notification of readiness for defense is not received within the set period, a default judgment can be issued at the request of the plaintiff without an oral hearing (Section 331 ZPO), with which the defendant is also charged the costs of the legal dispute and from which the plaintiff direct enforcement can operate without having to provide security beforehand (§§ 91, 708 No. 2 ZPO).
If the claim is recognized, it is issued. an acknowledgment judgment against the defendant without an oral hearing (§ 307 ZPO).
At the same time, the defendant is given up within a period of another two weeks to respond in writing to the complaint.
So this deadline for reply is running four weeks after delivery of this order.
If this deadline is missed, any late submissions can be disregarded. The court may only consider late submissions if, in its free opinion, it does not delay the settlement of the dispute or if the delay is sufficiently excused. Otherwise, the court must disregard late submissions.
If the statement is not received in due time, there is therefore the risk of losing the process for that reason alone.
A lawyer is required before the regional court. Therefore, you can generally only submit all declarations through a lawyer. As a rule, the court may not consider the party’s own statements.
2.
It is requested to notify whether the parties agree to a decision by the chairman solely in accordance with Section 349 (3) ZPO.
In addition, it is asked whether the parties agree to a decision in writing in accordance with 8 128 para. 2 ZPO.
Cologne, February 19, 2021
4th Chamber for Commercial Matters “
Who represents the IDO Association before the Cologne Regional Court?
In the meantime, Boelke Rechtsanwälte, Sven Boelke Rechtsanwalt, from Cologne have appointed themselves as representatives for the IDO in several proceedings.
Who are the Boelke lawyers?
Sven Boelke is Lawyer, his wife Iris Boelke too. Both operate a law firm at the address Horbeller Str. 31, 50858 Cologne. Sven Boelke was admitted to the bar on September 1st, 2005, lawyer Iris Boelke since July 31st, 1999. Both have the address Hauptstr. 72, 53819 Neunkirchen-Seelscheid a Branch.
At the location of the branch in Neunkirchen-Seelscheid also has Lawyer Guido Vierkötter, LL.M. his office, namely in Hauptstrasse 1, 53819 Neunkirchen-Seelscheid.
Guido Vierkötter is a lawyer in office community With Thorsten Krain, LL.M., dem Tax advisor to the IDO Association.
Sven Boelke is an IDO employee?
Yes, Sven Boelke is apparently not only a lawyer, but also an IDO employee. In any case, the IDO Association had him in the proceedings before the LG Darmstadt [Urteil vom 21.01.2021, Az. 15 O 14/20 (nicht rechtskräftig)] named as a witness for evidence of an infringement of competition law.
According to his own information (source: https://www.anwalt.de/sven-boelke), the main areas of activity of the colleague Boelke are labor law, building law & architects law, property law & real estate law, brokerage law, tenancy law & condominium law.
How it will go on, I will report in due course.
More negative decisions
Most recently I reported on the decisions of the Darmstadt Regional Court (IDO Association not actively legitimized) and Bielefeld Regional Court (abuse of rights). Also read:
Received a warning from the IDO association
Caution is advised. The best way to do this is to read my post:
Also read:
How can I help you?
Any questions?
Just contact me.
your
Attorney Andreas Gerstel
Specialist lawyer for commercial legal protection
Specialist lawyer for copyright and media law
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