In the legal proceedings regarding the temporary cease and desist order, the Bayreuth regional court has supported ELS Europäische LizenzierungsSysteme GmbH's principal claim of unfair competition practices. In a court hearing with representatives for both parties present that lasted more than two hours, the judge reached the clear legal conclusion that BellandVision had been wrong to refer to ELS as a license broker. "This was, however, a falsity and therefore misleading, as the plaintiff agrees a respective contract for the packaging that falls under Section 6 Paragraph 1 of the German Packaging Ordinance with a dual system for its customers, and therefore provides its customers with a full service," the judge reasoned. Accordingly, the temporary order to cease and desist which the Bayreuth regional court commercial chamber had initially issued without a verbal court hearing for reasons of urgency was not lifted with regard to this point.
With regard to the other assertions made by a Belland employee about ELS, one party's word currently stands against the other's. The principal proceedings that have been initiated, where ELS' verbal testimony will be heard, will therefore include all points.
"This judgement fully confirms our interpretation of the legal situation," says Managing Director Sascha Schuh. "ELS is not a license broker, and respective statements made by BellandVision are not a 'storm in a teacup' but were clearly made with the intention of damaging the reputation of ELS. The judgement is therefore an important result for our customers, potential customers and the other market stakeholders, and sends out the right signal."