The court found that the respective article, which was financed by the company by granting the advertised prizes, was disguised as editorial content, but was in fact an advertisement for the company.
According to the court, such type of advertisement constitutes a violation of German unfair competition law (UWG), as consumers received the impression that the article was objective content, instead of an advertisement. This caused the consumers to be misled, so that this "article" constitutes a violation of Annex no. 11 to § 3 III UWG.
Moreover, according to § 10 Hamburgisches PresseG (Press Law Act of the City Hamburg) this newspaper article should have been clearly titled as advertisement. This infringement of § 10 Hamburgisches PresseG constitutes a violation of §§ 3, 4 No. 11 UWG.