Sections 312 c, 312 d, 355, 126 b BGB (German Civil Code) define that the withdrawal right starts when the consumer receives the ordered product.
The court found that the impression created by the defendant towards the consumers constitutes a violation of §§ 4 No. 11, 3 UWG (the German Unfair Competition Act), because such commercial practice is able to affect the competition in a non-negligible way.
According to the court, such impact must be interpreted in the light of the UCP Directive. The court was of the opinion sections 312 c, 312 d, 355, 126 b BGB are market conduct rules according to § 4 No. 11 UWG, so that their infringement constitutes a violation against unfair competition law, according to § 4 No. 11 UWG.