The BGH has ruled that, in addition to false factual claims, statements of opinion can also be considered to be misleading within the meaning of competition law. This follows from the necessary interpretation of Section 5 (1) sentence 2 UWG in line with the Directive. The decisive factor for the question of whether statements about the legal situation are covered is how the consumer perceives the entrepreneur’s statement, taking into account all the circumstances of the individual case, in particular the nature and manner of the statement. If it is clear to the relevant public that it is a legal opinion expressed in the context of legal prosecution or legal defense, this statement lacks the suitability to deceive required to fulfill the facts of misleading(BGH, judgment of 25.04.2019, Ref.: I ZR 93/17).