Overview

• The ECJ ruled that 'Kauf auf Rechnung' qualifies as a 'sales promotion offer' under EU law, subjecting it to high transparency requirements.
• The case stems from a Verbraucherzentrale Hamburg complaint against Bonprix, alleging misleading advertising for not disclosing mandatory creditworthiness checks.
• EU law mandates that all conditions for promotional offers, including credit checks, must be clearly communicated to consumers.
• The Bundesgerichtshof (BGH) will now decide whether Bonprix must explicitly disclose credit checks in its invoice-purchase advertising.
• Julia Rehberg of Verbraucherzentrale Hamburg expressed optimism that the BGH will rule in favor of enhanced consumer protections.