In line with established case law, Duisburg Regional Court ruled that providing a link to the test results as part of advertising with the test verdict “test winner” is insufficient. The case law of the BGH requires not only that a reference to the test is provided at all, but also that this information is easy for the consumer to find due to the design of the advertisement. In any case, this requirement is not met if the user first has to search for the test results via a link on the advertiser’s website(Duisburg Regional Court, judgment of 2 May 2019, ref.: 4 O 219/18).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.