Case law

  • Case Details
    • National ID: link
    • Member State: Germany
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 19/02/2014
    • Court: Federal Court of Justice
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: information obligation, misleading omissions, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (a)
  • Headnote
    The type designation of an electric household appliance is an essential feature of the goods within the meaning of unfair competition law, which must be contained in an advertisement for such appliances in order for the advertisement to avoid being considered misleading and thereby violating unfair competition law.
  • Facts
    The defendant is a retail company dealing with electrical household appliances, with five specialist stores. It produced an advertisement for refrigerators, washing machines, tumble dryers, vacuum cleaners, built-in heaters, undercounter washers and dishwashers as well as refrigerators / freezers of different brand manufacturers. The ad contained information such as the energy efficiency class, the filling rate, the centrifugal rate, the dimensions and further equipment features. It did not contain type designations or brand names. The plaintiff, the center for combating unfair competition, considers these advertisements to be misleading because of the lack of the type names of the advertised devices.
  • Legal issue
    The court held that the type designation of an electric household appliance is an essential feature of the goods within the meaning of unfair competition law, which must be contained in an advertisement for such appliances in order for the advertisement to avoid being considered misleading and thereby violating unfair competition law.
  • Decision

    Is the type designation of an electric household appliance an essential feature of the goods within the meaning of unfair competition law, which must be contained in an advertisement for such appliances in order for the advertisement to avoid being considered misleading and thereby violating unfair competition law?

    URL: N/A

    Full text: Full text

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  • Result
    The appeal was rejected.