The 20th Civil Senate of the Düsseldorf Higher Regional Court has ruled that advertising is not misleading if a crossed-out, previously demanded sales price is indicated next to the sales price.
In the underlying case, an internet shoe retailer had advertised brand shoes with "Instead of 49.99 euros only 19.99 euros". Another internet retailer had argued against this that it was not clear what the crossed-out price was (the retailer's previous sales price, the manufacturer's recommended price or a competitor's price). The Regional Court of Düsseldorf (LG Düsseldorf) had thereupon issued an injunction against the supplier of the shoes and held the price indication to be misleading (Regional Court of Düsseldorf, orders of 15.9.2009 and 18.12.2009, reference 38 O 58/09).
In the preliminary injunction proceedings, the 20th Civil Senate has now overturned the injunction of the Regional Court and denied misleading statements. In the opinion of the senate, an average consumer could easily recognise that the crossed-out price was the price previously demanded by the internet retailer.
The decision is final.
Judgment of the 20th Civil Senate of the Düsseldorf Higher Regional Court of 29.6.2010, File No. I-20 U 28/10
Lower court:
Düsseldorf Regional Court, orders of 15.9.2009 and 18.12.2009, reference 38 O 58/09
Source: Press release of the OLG Düsseldorf
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
