At a glance
- Lowest price of the last 30 days is the reference
- Always state total and unit price
- Hidden fees are misleading
Price advertising is one of the most frequently challenged areas. The Price Indication Ordinance (PAngV) as amended on 28 May 2022 and the UWG’s prohibition of misleading practices set detailed rules. Breaches are actionable under Section 3a UWG and are also administrative offences.
Total price and unit price
- Consumers must always be given the total price including VAT (Section 3 PAngV); delivery costs must be stated additionally.
- For goods sold by weight, volume, length or area, the unit price must be clearly visible together with the total price (Section 4 PAngV).
- Deposits must be stated separately (Section 7 PAngV).
Price reductions: the 30-day rule (Section 11 PAngV)
Anyone announcing a price reduction must state the lowest total price of the previous 30 days. The reduction itself must be based on that price (CJEU, 26 September 2024, C-330/23, Aldi Süd). The reference price must be clearly recognisable; otherwise there is misleading omission (BGH, 9 October 2025, I ZR 183/24, Jacobs Krönung).
Other pitfalls
- RRP comparisons: only with an existing recommended retail price, labelled as such
- own previous prices: must have been charged seriously and for a reasonable period
- “permanently low price”, price guarantees: must be true and have clear conditions
- “free”: blacklisted if costs other than unavoidable delivery costs arise
- small-order surcharges: not part of the product’s total price if clearly stated and avoidable (CJEU, 26 March 2026, C-62/25; BGH, 3 June 2026, I ZR 49/24)
- drip pricing: extra fees appearing only in checkout are misleading
- personalised prices must be disclosed (Art. 246a § 1 no. 6 EGBGB)
For consumer credit advertising, see financial services.
