Scope of a cease-and-desist order: informing customers

The distribution and placement of flower vases with advertising stickers contrary to the regulations of a corresponding cemetery statute is prohibited. The Trier Regional Court agreed and sentenced the advertiser accordingly. After the conviction, the court imposed an administrative fine of €5,000.00 on the advertiser after further flower vases with advertising were placed in cemeteries by the advertiser’s customers (!) in several cases. TheHigher Regional Court of Koblenz has now ruled that in this specific case, the advertiser should have informed its customers that the vases with advertising on them may not be placed in cemeteries where the distribution and placement of advertising is prohibited by statute(press release of the Higher Regional Court of Koblenz dated June 3, 2019; Higher Regional Court of Koblenz, decision dated January 28, 2019, Ref.: 8 W 648/18).