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Consumer Group Seeks BGH Review Over Lidl ‘Free’ App Claim

The case aims to clarify whether users’ personal data can legally count as a price for loyalty services.

Overview

  • Germany’s federal consumer federation (vzbv) says it will file a revision to the Federal Court of Justice after losing in Stuttgart.
  • The Oberlandesgericht Stuttgart dismissed the claim in late September, ruling that a price under German and EU law means a monetary amount.
  • Judges in Stuttgart allowed a revision because of the case’s fundamental importance, positioning the dispute as a sector-wide pilot.
  • The timing of the filing was not disclosed, and Lidl has not commented on the latest step.
  • Lidl Plus reports more than 100 million users worldwide, and a BGH ruling could reshape how retailers market “free” apps and disclose data use.