Case detail
| Directive article |
Annex I al2 28. |
National ID | 103 0 171/08 |
|---|---|---|---|
| Country | Germany | Decision date | 17/03/2010 |
| Common name | Decision type | Court decision, first degree | |
| Court | Landgericht - LG (Berlin) | Plaintiff(s) | Federation of German Consumer Protection Organizations |
| Court translation | Regional Court (Berlin) | Defendant(s) | Magazine Publishing Company - name not disclosed |
| Subject | children | ||
| Keywords | advertisement, aggressive commercial practices, black list, children | ||
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Headnote
An advertisement directed at children containing the statement "YOUR EXTRA COOL WE-RADIO WITH HEADPHONES" and "DO NOT MISS - FROM 15 OF APRIL AT YOUR KIOSK" is a violation of No. 28 of the annex to § 3 III UWG (the German Unfair Competition Act). According to this provision, an advertisement containing a direct exhortation to children to buy the advertised products constitutes a per se unfair practice pursuant to No. 28 of annex to § 3 III UWG.
Facts
The defendant advertised for a children's magazine with the statements: "YOUR EXTRA COOL WE-RADIO WITH HEADPHONES" and "DO NOT MISS" - FROM 15 OF APRIL AT YOUR KIOSK" in a magazine for kids.
The plaintiff requested injunctive relief for this advertisement.
Legal issue
Does the act of deliberately calling on children to buy a product on their own, constitute a violation of No. 28 of the annex to § 3 III UWG?
Decision
Inciting children through an advertisement to buy a product constitutes a violation of the German Unfair Competition Act (UWG). A direct exhortation to children to buy products is an unfair practice per se pursuant to point 28 of the annex to § 3 III UWG.
In this case, a direct exhortation was present because inspecting a magazine in German kiosks is in general not possible without buying the magazine. Therefore, the advertisement could not be qualified as a mere information about the release date.
| URL Decision | Decision full text | |
|---|---|---|
| DE | N/A | |
| EN | N/A |
Result
The plaintiff's request was granted.
Additional information
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Related case(s)
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