An advertisement with "practice for psychotherapy and trauma therapy" without scientific training with a university degree is inadmissible. This was the decision of the Oldenburg Regional Court in response to a competition complaint by an interest group against a defendant working as a non-medical practitioner. The defendant appealed against the decision. On the advice of the 1st Civil Senate of the Oldenburg Higher Regional Court (OLG Oldenburg), the defendant withdrew its appeal (Ref: LG 15 O 1295/08).
The defendant non-medical practitioner had advertised on her letterhead as well as on her website with the heading "Practice for Psychotherapy and Trauma Therapy". This was followed by her name and a list of her main areas of practice with the reference "Heilpraktikerin für Psychotherapie/ALH". The plaintiff nevertheless considered the advertising with such a heading to be inadmissible and sued for injunctive relief, as it was not sufficiently clear that the defendant was not a licensed psychotherapist within the meaning of the Psychotherapists Act.
The regional court had upheld the claim. The use of the term "Practice for Psychotherapy and Trauma Therapy" without reference to the activity as a non-medical practitioner in the headline in bold print
the bold headline, the impression is created in the target group that the person in question is a therapist with a university degree.
The non-medical practitioner appealed against the judgment of the Regional Court. The 1st Civil Senate of the Higher Regional Court pointed out to the defendant that it also considered this advertising to be misleading and inadmissible. The layman assumes with appropriate advertisement
in the practice a Psychotherapeutin with university conclusion is active. The reference in the "small print" to the welfare practical man activity is not sufficient, because thereby also a
additional qualification could be meant. Trauma therapy is not subject to the guideline procedure of the Psychotherapists Act. However, since trauma therapy is
the psychotherapy practice, the misleading impression is created that this is carried out by a trained psychotherapist with a university degree.
executed. However, the consumer must be able to recognize the basis of the training.
On the advice of the Senate, the defendant then withdrew the appeal.
withdrawn. (1 U 120/08)
Source: Press release of the OLG Oldenburg of 05 June 2009
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist lawyer for information technology law (IT law)
E-mail: info@goldberg.de
