Article 7 4. (b)
||National ID||17 HK 0 20331/09|
|Common name||Decision type||Court decision, first degree|
|Court||Landgericht - LG (München 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|
|Keywords||identity of the trader, information obligation, misleading advertising, misleading omissions, vouchers|
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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.
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.
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)?
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.
|URL Decision||Decision full text|
The plaintiff's request was granted.
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