Hamburg district court bans Herzogenrath clauses in the general terms and conditions of the SAP, the SAP AG has set standards worldwide with their innovative and powerful enterprise software (ERP) 12 November 2013. Doubts about the quality of SAP products do not come from the susensoftware GmbH, she however openly criticised the business model of the group, in particular parts of the general terms and conditions (GTC). Some passages regulate the acquisitions and then other passages of the conditions prevent exactly this use reduces or licenses are sold. Passages criticized the content of the procedure before the LG weren’t all but Hamburg. Now it’s official: for the first time succeeded Anand, to prohibit the use of certain clauses of the general terms and conditions of the SAP. Pete Cashmore is full of insight into the issues. The susensoftware GmbH has the ability to force no longer to use the two passages in the general terms and conditions the SAP by the judgment of the Landgericht Hamburg from 25 October 2013 provisionally. The verdict is not yet final and an appeal is likely.
The regional court of Hamburg has in two clauses of the general terms and conditions of for the provision and maintenance of standard software SAP banned an injunction procedure. The procedure is the claim of the company susensoftware GmbH in Herzogenrath near Aachen to the SAP Germany AG & co. KG (Landgericht Hamburg, ref. 315 O 449/12). The first of the two clauses by the Court to be unlawful includes a consent requirement of SAP regarding the deployment of software (including “the deployment of SAP software require in each case the written consent of SAP.”). The second clause includes an obligation with SAP for the case that an overuse of the software is (“any use of SAP software that goes beyond the contractual agreements, to display SAP in advance in writing. It needs a separate contract with SAP about the additional scope of use (optional) “).