The defendant, a supermarket of the discount chain Lidl, advertised in connection to the reopening date of the store, for a period of six days, the product Irish "Kerrygold Butter" with a discount of 23 % as well as an LCD TV-monitor with a discount of approximately 50 %. The advertising was put into a German newspaper.
However, the advertised TV-monitor could not be purchased by consumers on the advertised reopening date of the store at 8.00 AM. The advertised butter was sold out by 12.00 AM on the first day of the advertised period.
The plaintiff, a consumer protection authority, requested cease-and-desist of above mentioned advertisement which did not mention that the defendant had reasonable grounds to believe that it will not be able to offer the products for the entire period advertised.
Conversely, the defendant referred to its advertisement, in which was stated: "This article may be sold out already on the first day of the offer due to limited stock".