Overview

• The Paris appeals court ruled on July 4 that Lidl must pay €43 million to Intermarché for airing 374 TV spots between 2017 and 2023 that advertised discounted products without guaranteeing their availability in all stores.
• Judges classified the practices as deliberate deceptive marketing and unfair competition by concealing stock shortages behind fleeting, hard-to-read disclaimers.
• ITM, the commercial arm of the Groupement des Mousquetaires, first sued Lidl in 2019 and overturned a first-instance dismissal from May 30, 2022, through this appeal decision.
• The court emphasized that Lidl knowingly failed to ensure product availability for the 15-week promotional periods, meeting the intentional element required for deceptive practice offenses.
• Intermarché declined to comment on the ruling and no timeline has been disclosed for when Lidl must complete the €43 million payment.