The defendant sells electronic goods by retail. He advertised his products in a newspaper stating the name of his company, its postal address, telephone and facsimile numbers but without mentioning its legal form's suffix ("e.K.").
The plaintiff, a competition association, claims that the defendant is obliged under Art. 7, 4 (b) of the UCP Directive to mention its full trade name, i.e. including its legal form's suffix, in a newspaper advertisement containing an invitation to purchase in order to enable the consumer to identify the trader.
The court of first instance dismissed the plaintiff's claim for cease and desist of the respective advertisement without mentioning the legal form's suffix, finding that the information given by the defendant in the respective advertisement was sufficient (Sections 5 a, 2 and 3 no. 3 UWG).