Overview
- Germany’s Federal Court of Justice on October 9 confirmed a ruling against Netto Marken-Discount and dismissed the company’s appeal (Az. I ZR 183/24).
- Any advertised price reduction must include the lowest total price charged for the product in the preceding 30 days in a way that is unambiguous, clearly visible, and easily readable.
- Netto’s coffee flyer listed €4.44 as the current price, €6.99 as the prior week’s price, and “−36%,” while the true 30‑day lowest price of €4.44 was tucked into a small footnote.
- The court found that burying the reference price and presenting multiple figures misled consumers and violated the Preisangabenverordnung, which implements EU rules.
- Retailers are expected to adjust discount marketing practices, with some likely to lean more on manufacturers’ recommended prices (UVP), a tactic that may prompt further scrutiny.