The defendant is a hearing aid acoustician who signed a so-called social security general contract ("sozialversicherungsrechtliche Gesamtvertrag") with a social insurance carrier which among other clauses stipulated the prohibition to advertise services of the insurer. In return, the defendant could offer its services for favorable prices, as part of the price was paid by a social security entity. The defendant, however, promoted his products in conjunction with services of the insurer.
In this respect, the plaintiff, a competing acoustician, argued that the defendant was in breach of the aforementioned treaty and had consequently breached the prohibition on unfair practices. According to the plaintiff, the defendant had breached item 10 of Annex I of the UCP Directive (as implemented in Austrian law).