The court ruled in favour of the plaintiff, finding that according to Sections 3, 4 no. 11 UWG in conjunction with Section 1, 1 sentence 1, 6 PAngV, the additional transportation costs have to be included in the final price, irrespective of whether it would have been possible for an average consumer to calculate the final price by an easy addition of the transportation costs which have been separately indicated in the footnote of the respective advertisement.
In the opinion of the court this result is also not contrary to the UCP Directive. The PAngV is not based on the UCP Directive but on the Price Indication Directive 98/6 EC. The Price Indication Directive does not offer any approach for the conclusion that additional costs which are fixed in their amount at the time of conclusion of the contract and which have to be paid in any event, are not part of the final price to be indicated according to article 2 (a), 4, 1 of the Price Indication Directive. Another interpretation can also not be derived from article 7, 4 (c) of the UCP Directive. In case of a conflict, the provisions of the Price Indication Directive supersede the provisions of the UCP Directive (article 3, 4 of the UCP Directive).