The provision of service items by a pharmacist with an order of at least 100 vaccine doses by a doctor constitutes a promotional gift within the meaning of the German Drug Advertising Act (HWG). However, the free addition of service items such as cannulas and injection patches when ordering 100 vaccine doses, which was objected to by the Wettbewerbszentrale in the specific case, is to be regarded as customary in the trade within the meaning of the HWG and therefore permissible. The court distinguishes the customary trade practice meant in this respect in particular from the trade custom within the meaning of Section 346 HGB. As long as the accessories provided are within the scope of reasonable commercial practice, there is no unlawful conduct(OLG Cologne, judgment of 07.12.2018, Ref.: 6 U 95/18).
Handing in electronic waste at the supermarket: New judgments against Aldi and Edeka strengthen consumer rights
Supermarkets must take back electronic waste – new rulings against Aldi and Edeka strengthen consumer rights.