Report of Court action by Construct Data Publishers Verlag AG

This page will be updated as we receive information

Posted 14th Feb 2006

DISCLAIMER This website is in no way affiliated or assoaciated with the Construct Data Publishers Verlag AG / Fairguide. (CDV) This is a non-commercial website established in Opposition to all companies that profit from the mailing of misleading contracts.
StopECG is not responsible for the content of external sites which we link to. The advice not to pay CVV is given on the understanding that you signed their contract in error, the information given here should not be used as an excuse for non-payment if you knowingly entered into an agreement.

IMPORTANT: If your comapny is Disputing demands from Construct Data (Fairguide)

On 13th February 2007 Construct Data Verlag signed a far reaching out of court settlement with the Schutzverband gegen unlauteren Wettbewerb In the undertaking Construct Data agreed.

To cease the mailing of misleading contracts to the EU, Switzerland and EWR (list of countries covered)
to cancel their demands for money against companies who dispute the contracts.

If you signed Construct Data's Contract in error you must now notify them in order to be covered by this agreement, once you have formally notifed CD that should be the end of it, the nightmare is over! Anaylisis of the settlement (On the StopECG Blog)

The Main Construct Data page has been updated to reflect the new position

The court case reported below appears mired, it may never reach a conclusion but we will update this page if anything comes to light. In view of Construct Data's weak position in Austria the outcome is little more than academic

It has come to our attention that Construct Data appears to have attempted to gain a ruling against an Israeli company through the court in Modling, Austria. While we await a full translation of the papers it appears that this case has been held up for over a year by procedural matters, mainly relating to the court's insistence that the defendant has the right to be represented and that Construct Data serve orders in Hebrew.

This appears to be a test case; such an action is hardly surprising, by bringing it against a company in a far-off country Construct Data probably hoped for a ruling in absentia, such a ruling could then be used when threatening other companies who decline to pay. It is important to note that case law on these contracts is strongly in against their enforcement and there can be few rulings more damning than that suffered by Construct Data in the Chemintz regional court of Germany. We will follow proceedings carefully and will report the outcome here.

In view of the Injunction being sought by The Austrian Schutzverband gegen unlauteren Wettbewerb there is a strong case for refusal to pay, at the very least for as long as it takes for the legal process surrounding this injunction to run its course. This is because if the injunction is successful it will prevent construct Data from collecting 'debts' on older contracts within the EU. Also the Schutzverband have indicated that if they succeed they may seek to extend the jurisdiction of the injunction to countries outside the EU

REMEMBER: Anyone can write letters threatening court action! Unless court papers are served on you the letters are nothing more than bluff. However simply refusing to pay is not enough, you should write all the letters of complaint detailed on the main page, and keep all your correspondence on file.

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