Category: Case law
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Federal Court of Justice “Top-Mediziner”: strict standards for paid doctor seals
Awarding test seals to doctors for a fee is a commercial practice; health-related test logos may mislead if their limits are not apparent.
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Cancellation button: no retention offers on the confirmation page
After clicking the cancellation button, the confirmation page must not offer alternatives such as “pause contract”.
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Small-order surcharge is not part of the product price
CJEU and BGH: an avoidable handling fee for small orders need not be included in the total price of each product.
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Federal Court of Justice: cannabis platform breaches public advertising ban
A platform listing complaints for cannabis therapy and arranging doctor appointments unlawfully advertises prescription medicines.
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Federal Court of Justice: businesses liable for outsourced Google ads
A business that outsources ad placement to Google and supplies the product data is liable for unfair ads as principal.
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CJEU strengthens newsletters to existing customers
A newsletter in return for registration can be existing-customer advertising; no additional GDPR legal basis is required.
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Federal Court of Justice “Jacobs Krönung”: 30-day price must be clearly visible
Unclear information on the lowest price of the last 30 days is misleading omission.
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No before/after images for hyaluronic acid treatments
The BGH classifies hyaluronic acid fillers as surgical procedures – the HWG ban on before/after images applies.
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Cancellation button also for contracts with a one-off payment
The BGH requires the cancellation button even for fixed-term contracts that end automatically.
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Federal Court of Justice: GDPR breaches actionable under the UWG
Consumer associations and competitors may pursue data protection breaches with unfair competition claims.