Deposit in advertising brochure not to be included in total price

An association that monitors compliance with competition rules had objected to a food distributor’s price indication in an advertising brochure. The competition association criticized the statement ” plus. … € deposit ” as a violation of the Price Indication Ordinance (PAngVO). The corresponding § 1 para. 4 PAngV is contrary to European law and, accordingly, a total price must be stated. However, the Schleswig Higher Regional Court did not consider the behavior to be a claim for injunctive relief under competition law. The advertising with the corresponding information was permissible. Even if the underlying provision was contrary to European law, it was still applicable law. The food distributor was therefore acting as required. However, legally required conduct could never be the basis for a conviction in which the company was ordered to refrain from such conduct under threat of fines. The court has allowed the appeal (OLG Schleswig, judgment of July 30, 2020, Ref.: 6 U 49/19).

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