Overview

• The Federal Court of Justice ruled that any price-reduction advertising must present the lowest total price from the previous 30 days in a way that is unambiguous, clearly visible and legible.
• Judges found that hiding the reference price in fine print or crowding ads with multiple figures misleads consumers and breaches Germany’s Price Indication Regulation.
• Netto Marken-Discount’s appeal was rejected, confirming an Oberlandesgericht Nürnberg judgment in favor of the competition watchdog Wettbewerbszentrale.
• In the challenged prospectus, Netto advertised coffee at €4.44 with “−36%” versus a prior-week €6.99, while a small footnote disclosed the 30-day low was also €4.44.
• The decision cements EU-implemented rules and ECJ guidance, and legal experts report retailers are increasingly turning to manufacturer list-price (UVP) comparisons to limit liability.