The Austrian Supreme Court held that the provisions prohibiting misleading advertising are fully harmonized through the UCP Directive, in particular article 6. Thus, the court held that it could apply German (§ 5 German Unfair Competition Act) and French (Art L 120 f Code de la Consommation) competition law, which are basically the same as they are based on the UCP Directive.
The Supreme Court then held that in the current case it was obvious that the companies' practices were misleading, as they even amounted to the black list practice of Annex I, item 31 UCP Directive.
However, they did eventually not qualify as black list practices exactly, as the information was only misleading in so far as there was indeed a prize promotion (but the consumer had not already won, as suggested in the promotion) and as it was not clear that the consumer had to mandatorily to pay money or incur other costs (although the companies clearly intended to entice consumers to purchase their products).
The Supreme Court confirmed that based on the harmonization of consumer protection/unfair commercial practices laws in Europe, is it permitted for the official authority of one member state to prohibit unfair practices of companies based in other member states, in particular, as the current practice was clearly misleading in view of the provisions of the UCP Directive.