The defendant is a cable network operator that also offered telephone and internet services.
Via three flyers (which were added as inlays to newspapers), the defendant advertised for an "Internet-Flat", a "Double-Flat" (which included internet and telephone services) and a "combi-Flat" (which also covered digital TV). In the advertisement, the defendant:
- did not explain that the customer does not have the possibility to use "call by call" services (i.e., the possibility to use a different telephone provider than the cable network operator by using a different dialling code, which is often used for phone calls to foreign countries to choose the cheapest provider for this country);
- used the statement "3 products, 2 flat rates, 1 price", while calls to foreign countries were not included;
- did not mention the additional fees for the installation of the product;
- used the slogan "3 times first choice"
According to the plaintiff, these advertisements were misleading statements, which also infringed the German Ordinance on Price Statements (PAngV). The plaintiff therefore requested a cease-and-desist order for the further use of the disputed statements. The plaintiff was of the opinion that this type of advertisement constitutes a violation of §§ 1 PAngV, §§ 3, 4, 5, 7, 8 UWG.