Category: Case law
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CJEU “Lindenapotheke”: competitors may pursue GDPR breaches
Competitors can bring unfair competition claims for data protection breaches.
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CJEU: price reductions must refer to the 30-day lowest price
Discount advertising must be based on the lowest price of the previous 30 days.
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Federal Court of Justice: average star ratings without breakdown allowed
No breakdown by star category is required, but the number and period of reviews must be stated.
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Federal Court of Justice: “climate neutral” must be explained in the ad itself
Ambiguous environmental terms must be explained in the advertising; a link to a website is not enough.
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“Vielfachabmahner II”: no penalty after an abusive warning
If a declaration is based on an abusive warning, the contractual penalty may not be enforceable.
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“Corona mouthwash”: advertising ban for notifiable diseases
The HWG ban also covers diseases added to the Infection Protection Act later.
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Deposits may be stated separately from the price
According to the CJEU and BGH, deposits are not part of the selling price.
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CJEU on the order button: only the label counts
Whether an order button clearly indicates an obligation to pay depends solely on its wording.
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“Influencer III”: free products count as consideration
Products provided free of charge trigger the duty to label influencer posts.