In a recent decision on competition law, the Cologne Higher Regional Court ruled, among other things, as follows:

“In the case of a qualified offer within the meaning of Section 5a (3) UWG, the […] details of the engine – power, displacement and fuel type – are deemed to be essential information. […] Nothing else applies to the engine capacity. In the case of such a complex, high-quality, durable and expensive product as a new car, which is also offered in several variants, the consumer needs specific and detailed information on the engine as a whole in order to be able to make an informed decision. The engine is of central importance for every vehicle. The performance of the engine, the fuel(s) (petrol, diesel, gas, electric, etc.) and, in the case of combustion engines, the engine capacity are decisive factors in the decision for or against a particular new car, for example with regard to follow-up costs, safety, economy and the environment. In the context of a large-format print advertisement of this kind, the consumer can reasonably expect that the seller will provide him with this basic information in full of his own accord. […]”

Higher Regional Court of Cologne, judgment of March 13, 2020, Ref.: 6 U 267/19

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