The court denied an infringement of § 3 III in conjunction with Annex Nr. 11 UWG. The court reasoned that the average reader (consumer), being reasonably well informed and attentive, is able to perceive that he is not reading an article but an advertisement. This could be deducted from the label/title "Advertisement Forum" and the effusive description of the therapy methods. The court concluded that there was no sign covering-up the promotional nature of the advertisement and therefore there was no violation of § 4 UWG.
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