Rechtsgrundlagen für die Erstattung von Abmahnkosten

Who has to bear the costs of a warning letter and under which circumstances? The dissertation examines this question, which has existed since the inception of the legal institution of warning letters, on the basis of the possible legal bases that can be considered for reimbursement of costs. Previous legislative procedures have only inadequately solved this problem. Therefore, the author introduces the criterion of "providing a cause for legal action" as an approach to solving the problem, which is aligned on specific case groups. The author derives the criterion from sections 91, 93 ZPO (German Code of Civil Procedure) and section § 681 BGB (German Civil Code) in order to create an appropriate balance between the interests of senders and recipients of warning letters at the cost level.