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 Regulation (PAngVO). The corresponding Section 1 (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).

Free newsletter

Current decisions and practical guidance on trade mark, copyright, media and competition law in Germany and the EU. Concise, by email.

Double opt-in. You can unsubscribe at any time using the link in every email.

Contact person

Picture of Dennis Tölle

Dennis Tölle

Specialist Attorney for Copyright and Media Law; Specialist Attorney for Intellectual Property Law

Free newsletter

Kostenloser Newsletter

Aktuelle Urteile, Praxistipps und neue Folgen aus Marken-, Urheber-, Medien- und Wettbewerbsrecht. Kompakt per E-Mail.

Double-Opt-in. Abmeldung jederzeit über den Link in jeder E-Mail.

Search

Request