According to a decision by the Higher Regional Court of Frankfurt am Main, the advertising of a car manufacturer in a YouTube video must also contain the information on consumption and emission values required by the German Car Energy Consumption Labeling Ordinance (PKW-EnVKV). In particular, the YouTube platform is not an audiovisual media service within the meaning of Art. 1 I a i of Directive 2010/13/EU. These are exempt from the obligation to indicate the official fuel consumption and the official specific CO2 emissions of the relevant models of new passenger cars. In order for YouTube to be considered such an audiovisual media service, it would be necessary for it to be images with or without sound which are attached to or contained in a broadcast in return for payment or similar consideration or as self-promotion. Audiovisual commercial communication includes television advertising, sponsorship, teleshopping and product placement(OLG Frankfurt am Main, judgment of March 14, 2019, Ref.: 6 U 134/15).
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.