“Shelving System (Regalsystem)”

• (a) The constellations covered by Sec. 4(9)(a) and (b) of the Act Against Unfair Competition as a rule form a single matter in dispute.

• (b) The probative value of the constellation pursuant to Sec. 314 1st sentence of the Code of Civil Procedure relates to the parties’ submissions of fact; this does not include the reply to the question whether the imitated product has competitive individuality.

• (c) If, because of the need for replacements and extensions, purchasers have an interest in the availability of rival products compatible in external appearance with the original manufacturer’s products (here: shelving systems for the retail trade), competitors should not as a rule be forced to rely on different product designs in accordance with the principles of the protection of achievement under competition law if such designs restrict the marketability of their products with respect to the demand for replacements and extensions of the original product.