European Coaching Association Obtains Judgment Over Unfair Competition

Posted By on April 2, 2016

BGH judgment rebukes consultant scene: also coaches must behave! Taipei, December 28, 2011. The Federal Court has confirmed that also competitors on the coaching market must adhere to the rules of good taste and cast in legal ethics and also let not the competition law to own profit out of eight.This means that a competitor in newsletters distributed by him over the Internet not should minimize colleagues or other coaching associations through vague assertions and links. A concrete case of deliberate defamation towards the European Coaching Association (ECA) took place some time ago and was now by the Federal Supreme Court as illegitimate and putting down censured and condemned. Pick a prominent, Chairman of a Federation coach, who advises companies on management issues and internal communication, must let himself and his colleagues through Court, that slander and harassment (stalking) for monetary profit is not permitted. Newsletter and Publications were obviously used to discredit other coaches and competing associations.

The whole thing has a bad connotation, because in this area with ethics and morals, it is argued. More ECA decision on unfair competition and unfair competition made so the coaches and authors of a coaching newsletter by the Court must declare that now allow: dissemination of newsletters is a business activity, because it serves the application of own services and is subject to the law against unfair competition so that, pursuant to section 5 ABS. 1 basic law restricts the freedom of expression as a universal law. “Is prohibited including, belittling competitors: gem. 4 UWG, ABS. 7 is inadmissible (unfairly), who sets down the services, activities, or personal or business circumstances of a competitor or vilified”.

The massive impact, which aims to harm the competitors on the coaching market, will not be justify. With its ruling, the Federal Supreme Court confirmed the judgment of the Oberlandesgericht Koln by the 9.9.2009 (AZ 6 U 48/09) for the benefit of the ECA. It may devalue competitors without provable, specific reason and abuse. This goes against good taste and fair conduct”says Dr. Jur. Gudrun Henne, Vice President of the ECA. In coaching circles, where ethical conduct is a prerequisite for watching a whole profession, such behaviour harms the entire industry. Well, that the Supreme Court has clarified now also legal”. This Court BGH’s decision of high-level importance for dealing among competitors on the coaching market, a market, increasing business and predicted multibillion dollar revenues for the future. Thus, history of law in competition law has been written. With the BGH judgment with a larger payment is also a punishment request legally, which was pronounced by 2009 for violations against the judgment of the Court and the It is connected to money. Good news for 2012 and for the coaches of the European Coaching Association (ECA), the ECA thus has the profession and the professional image of the professional coach defends. As a trade association, which represents a young profession such as that of the professional coaches, it is not enough to establish moral and ethics in his professional ethics, you must also be prepared to stand up for his rights if necessary Court”, says Bernhard Juchniewicz, ECA – President and instructional coach. That’s the good news for year-round coaching: BGH case law recommends: collegial manners. Thus, the rough times in coaching are hopefully over competition. The anonymised judgment is downloadable at

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