You have just found a letter headed „cease-and-desist“ in your inbox. Take a deep breath. The hours ahead decide whether you get away with moderate costs — or with contractual penalties, interim injunctions and tens of thousands of euros in follow-up costs.
This page is no substitute for legal advice. It is a first-aid checklist for managing directors, marketing leads and compliance officers who have to make clear decisions in the hours ahead.
A cease-and-desist letter is the formal demand by a competitor, an association such as Deutsche Umwelthilfe or the Wettbewerbszentrale, that conduct classified as anti-competitive be discontinued going forward. In the greenwashing context it almost always concerns advertising claims such as „climate neutral“, „sustainable“, „CO2 neutral“ or „environmentally friendly“ — terms that, without concrete and verifiable evidence, have been deemed misleading since the BGH ruling against Katjes of 27 June 2024.
With the EmpCo Directive (EU 2024/825) taking effect on 27 September 2026, the situation is set to worsen: a list of per-se prohibited terms becomes automatically detectable — including by competitors and associations that systematically search for breaches. According to the Wettbewerbszentrale, the number of cease-and-desist letters is expected to rise by over 100 percent in Q4 2026.
If the recipient lets the deadline lapse, the sender regularly applies for an interim injunction at the regional court. The injunction is often granted within 48 hours, without you being heard. On top of the legal fees come court costs, a contractual penalty per breach (typically 5,001 to 10,000 euros) and, in case of repetition, enforcement. Total damage: regularly 15,000 to 60,000 euros.
Four rules of conduct that turn almost every greenwashing case into moderate costs. Breaching any one of these rules regularly costs five figures.
The deadline set in the cease-and-desist letter is not a basis for negotiation. Letting the deadline lapse risks an interim injunction — and then costs rise by a factor of 3 to 5.
The pre-formulated cease-and-desist undertaking supplied with the letter is always drafted in the interest of the sender. It can bind you for up to 30 years and unilaterally fixes the contractual penalty.
Phone calls or emails to the sending lawyer are dangerous without legal representation. Any statement can later be used against you as an admission.
Not every cease-and-desist letter is justified. Associations must have standing to sue, and competitors must demonstrate a concrete competitive relationship. Have this checked from the very start.
Concrete time windows and tasks for the next three days. Stick to them — improvisation is expensive in competition law.
Keep the original, make a copy for your lawyer, mark the deadline date in colour.
Establish first contact, clarify the fee range (typically 1,500 to 4,500 euros for the defence).
Do not delete advertising materials, only flag them internally. Take screenshots of all URLs.
The lawyer assesses the entitlement and drafts a modified undertaking or a rejection.
A timely reply via a lawyer’s letter — before the deadline set expires.
Printable 48-hour checklist, sample reply letter to the sending lawyer and a glossary of the most important legal terms. A4 format, ready to use immediately.
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6 concrete steps for the next 48 hours. With sample wording, a deadline checklist and legal notes.
