Overview

• On June 18, 2025, the Bundesgerichtshof in Karlsruhe examined a Wettbewerbszentrale lawsuit claiming that Netto Marken-Discount’s prospectus promoted a 36% price cut without clearly displaying the true lowest 30-day price.
• The German Price Indication Ordinance requires retailers to calculate discount percentages from the lowest price charged in the 30 days before an offer and to present that reference clearly alongside the reduced price.
• A September European Court of Justice ruling confirmed that required reference prices cannot be hidden in fine print or footnotes when advertising savings.
• Lower courts, including the Nürnberg Higher Regional Court, ruled in favor of the Wettbewerbszentrale, finding that consumers could not easily identify the actual reference price in Netto’s promotional material.
• Legal experts say many retailers are increasingly using manufacturers’ suggested retail prices instead of explicit discounts to navigate stricter EU and German advertising rules.