Article 2 (b)
Article 2 (d)
Article 6 1. (g)
|National ID||13 U 173/09|
|Common name||Decision type||Court decision in appeal|
|Court||Oberlandesgericht - OLG (Celle)||Plaintiff(s)||not disclosed|
|Court translation||Higher Regional Court (Celle)||Defendant(s)||health insurance company - name not disclosed|
|Keywords||advertisement, health and safety, misleading statements, trader|
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Misleading information of a compulsory insurance health fund is subject to unfair competition law, because the fund is a "trader" and such information constitutes "commercial practices" according to the UWG (the German Unfair Competition Act).
The defendant, a compulsory insurance health fund, put the following information on its website: "Everyone who is leaving us now, is bound to its new insurance for the next 18 months! Thus, you will miss attractive offers which will be launched by us in the coming year and you will eventually have to pay more in the end, if your new health fund does not get by with the available money and therefore has to claim an additional fee".
The plaintiff requested injunctive relief for this commercial practice.
(1) Does the respective information on the website of the defendant constitute a commercial practice under unfair competition law?
(2) Are compulsory insurance health funds "traders" in the sense of article 2 (b) of the UCP Directive?
|URL Decision||Decision full text|
The plaintiff's request was granted.
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