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Case detail



Directive article Article 5 1.
National ID 6 U 26/09
Country Germany Decision date 22/09/2009
Common name "Wir erstatten die Differenz doppelt zurück" Decision type Court decision in appeal
Court Oberlandesgericht - OLG (Köln) Plaintiff(s) Airline company - name not disclosed
Court translation Higher Regional Court (Cologne) Defendant(s) Airline company - name not disclosed
Subject misleading omissions
Keywords guaranteemisleading omissions

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Headnote

Unexpected conditions for obtaining an advertised "lowest price guarantee" have to be revealed within the advertisement itself. Omitting such information and merely referring to a related website, constitutes a misleading commercial practice.

Facts

The defendant advertised in newspapers with a "lowest price guarantee" and merely referred to its website for further information on conditions for obtaining such guarantee. On the advertiser's website, the "lowest price guarantee" was significantly abridged in a way which could not be expected by consumers.

The plaintiff requested injunctive relief in regard to this advertisement.

Legal issue

Is a reference within an advertisement to the provision of further conditions on a website a violation of the unfair competition law, if such conditions are unexpected for the average consumer?

Decision

Merely referring consumers to find further conditions in regard to an advertised offer on a website constitutes an unfair commercial practice, when such conditions are unexpected for the consumers.

The court was of the opinion that restrictions to the "lowest price guarantees" have to be stated in the advertisement itself, and in a clear and for the customer understandable way. The lowest price guarantee constitutes a sales promotion in the meaning of § 4 No. 4 UWG, and therefore infringes the general obligation of transparency if the advertised "lowest price guarantee" is capped at a certain amount (here 100 EUR) when this restriction is not mentioned in the advertisement itself.

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Result

The plaintiff's request was granted.

Additional information

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