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Case detail

Directive article Article 5 1.
National ID 5 0 68/09
Country Germany Decision date 14/07/2009
Common name Decision type Court decision, first degree
Court Landgericht - LG (Itzehoe) Plaintiff(s) not disclosed
Court translation Regional Court (Itzehoe) Defendant(s) gas supplier - name not disclosed
Subject comparative advertising
Keywords comparative advertisingomissionprice comparisonprice information

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Headnote

It is an unfair commercial practice to publish an advertisement that compares gas prices with the prices of the primary local supplier, without mentioning the effective total price, and without mentioning that the price is subject to further requirements.

Facts

A gas supply company compared its prices with the prices of the primary local supplier in a daily newspaper, without mentioning the effective total price, and without mentioning that the advertised price was subject to the following requirements: (1) the advertised price required a minimum contract term of one year; (2) the commitment to a price category was chosen at the time of conclusion of the contract, for a period of one year; and (3) payment through direct debit.

The plaintiff requested injunctive relief against this commercial practice.

Legal issue

Is a comparative advertisement unfair if it does not mention the effective total price and does not mention the applicable conditions to receive the advertised price? 

Decision

Such advertisement violates §§ 3 I, 4 No. 11 UWG (the German Unfair Competition Act) in connection with § 3 PAngV (the German ordinance on price statements), because § 3 PAngV requires gas suppliers to mention the total price -- including taxes -- in advertisements directed at consumers.

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Result

The plaintiff's request was granted.

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