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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 advertisementaggressive commercial practicesblack listchildren

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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
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EN N/A

Result

The plaintiff's request was granted.

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