Annex I al2 28.
||National ID||103 0 171/08|
|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|
|Keywords||advertisement, aggressive commercial practices, black list, children|
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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.
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.
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?
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|
The plaintiff's request was granted.
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