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Case detail



Directive article Article 7 4. (b)
National ID 17 HK 0 20331/09
Country Germany Decision date 11/02/2010
Common name Decision type Court decision, first degree
Court Landgericht - LG (M√ľnchen I) Plaintiff(s) Membership Organization for the Promotion of Commercial Interests
Court translation Regional Court (Munich I) Defendant(s) Online service provider - name not disclosed
Subject information obligation
Keywords identity of the traderinformation obligationmisleading advertisingmisleading omissionsvouchers

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Headnote

A voucher for a balloon flight has to reveal the identity and address of the subcontractor (balloon flight operator) to avoid being qualified as an unfair commercial practice.

Facts

The defendant offered on its website vouchers for balloon flights (which were to be operated by a third party) without revealing the identity and address of the service provider conducting these flights with the consumers. The plaintiff requested a cease-and-desist order for selling vouchers without revealing the identity of the service provider.

Legal issue

Is it necessary to reveal the identity and address of the subcontractor that will take care of a certain performance? Can this behaviour constitute a violation of § 5 a III No. 2 UWG (the German Unfair Competition Act)?

Decision

Omitting the address and identity of the service provider of an offer towards customers is a violation of § 5a III No. 2 UWG. This provision requires that the identity of the service provider has to be revealed if products or services are offered in a way that an average consumer can complete the transaction. The purpose of this provision is to guarantee that the customer knows with whom he enters into a business relation. 

In this case, the offer included all essential elements to conclude an agreement by accepting the offer: price, location and duration. Therefore, a violation was present. 

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Result

The plaintiff's request was granted.

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