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.
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.
In Order to be kept appraised of this case and other Fairguide news, please join the discussion list below.
