The (new) Hamburg custom represents an expression of the Contractual penalty promise which has developed from case law. In principle, in the event of an infringement of the Cease and desist declaration for the payment of a Contractual penalty. The special feature is that the height of these Contractual penalty regardless of the number of infringements, be it a first offense or the fifth subsequent offense. As a result of this issue, the so-called Hamburg custom has become established, in which no fixed Contractual penaltybut merely an appropriate Contractual penalty is agreed.
Accordingly, the debtor agrees to pay a Contractual penalty the amount of which is determined by the creditor at his reasonable discretion and can be reviewed by a court for appropriateness if necessary. In practice, it is taken into account that repeated infringements are weighted more heavily than a first-time infringement. If, in the event of a review, the court Contractual penalty inappropriate, it may itself consider an appropriate Contractual penalty set.