Overview

• Germany’s top civil court ruled that presenting multiple prices with a fine‑print footnote obscured the required reference price for consumers.
• The case concerned a December 2022 Netto coffee flyer showing €4.44 as the current price, a crossed‑out €6.99 from the prior week, “−36%,” and a footnote stating the 30‑day low was also €4.44.
• The court found this format violated the Preisangabenverordnung, which mandates that the lowest total price from the preceding 30 days be clear and legible.
• The judgment (Az. I ZR 183/24) upholds a 2024 ruling by the Higher Regional Court in Nuremberg after a suit by the Wettbewerbszentrale.
• Following EU and European Court of Justice guidance, retailers are increasingly turning to manufacturer list‑price comparisons (UVP) instead of percentage markdowns, according to legal experts.