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VZBV to Ask Germany’s Top Civil Court to Review Lidl Plus “Free” Claim

The case tests whether exchanging personal data for discounts counts as a price under consumer law.

Overview

  • The German consumer federation says it will file a revision with the Federal Court of Justice challenging the Lidl Plus ruling, with the filing date not yet specified.
  • The Higher Regional Court in Stuttgart dismissed the lawsuit in late September but allowed a review because of the case’s fundamental significance.
  • Consumer advocates argue the app is not genuinely free because users receive discounts in return for personal data and contend a total price should be disclosed.
  • The Stuttgart court held that under German and EU rules a price means a monetary payment, so calling the app free is not misleading.
  • Lidl has not commented recently; the app has more than 100 million users worldwide, and some early reports were corrected to clarify the revision has not yet been filed.