Liability of managing directors in unfair competition

In the past, German courts regularly affirmed the liability of people for acts of unfair competition where these people had knowingly and causally contributed to such an act. Under this so-called ‘Störerhaftung’ rule, which can be roughly translated as the liability of the ‘disquieter’ or ‘disrupter’, the courts regularly ruled in favour of plaintiffs who sought relief from managing directors for acts of unfair competition they did not commit themselves, but which were committed by others under their responsibility as representatives of the company.