Unfortunately, this rule is sometimes abused. Long cease and desist letters are sometimes sent out by parties who have no actual interest in competitive activities, but are instead attempting only to collect a fee. It can be both expensive and time consuming for smaller enterprises to respond to these cease and desist letters, sometimes having a detrimental effect on the business of the cease and desist letter receiver. eBay is strongly against this sort of frivolous, harmful activity.
eBay has long been a proponent of finding a solution to this costly issue. One solution is to simplify the complex regulations to which German sellers must adhere. Alternatively, the German government could set a cap on the total value of these sorts of claims and/or limit the total amount of reimbursement required from the seller when these claims arise. The bottom line is that cease and desist letter abuse must be addressed in Germany to maintain fair and open competition for sellers of all sizes.
