The court held that the plaintiff must provide the information on its legal form according to § 5 a III UWG which implements Art 7 section 4 of the UCP Directive into national law. The plaintiff advertised its products and this - according to the definition in Art 2 lit i) of the UCP Directive - constitutes an invitation to purchase as it is more than mere advertising for general attention.
Therefore, the court held, the legal form of the advertiser must be indicated. This information requirement is also material according to § 5 a III UWG (Art 7 section (5) of the UCP Directive).