• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

OLG Cologne allows advertising without bottle deposit

7. November 2022
in Competition law
Reading Time: 2 mins read
0 0
A A
0
bottles 3302316 1280
Key Facts
  • The competition association lost its appeal before the Cologne Higher Regional Court.
  • The plaintiff demanded that the total price including the deposit be stated in the advertising.
  • The court ruled that the inclusion of the deposit in the total price was inadmissible.
  • The template of German law is binding, even if it has no legal basis in EU law.
  • The regulation serves the purpose of environmental policy and protects consumer interests.
  • The separate labeling of product price and deposit promotes transparency.
  • The verdict will be published anonymously on www.nrwe.de.

Competition association, which wanted to achieve this from two large retail chains, was now also defeated in the second instance before the Cologne Higher Regional Court.

The competition association had wanted to oblige the defendants to indicate the total price including the deposit when advertising beverages with a deposit. The Cologne Regional Court had dismissed the claims in two parallel proceedings. The appeal filed by the plaintiff against this decision was dismissed by the 6th Civil Senate of the Cologne Higher Regional Court in a judgment dated March 6, 2020.

The plaintiff believed the defendants were required to disclose a total price, including the deposit, when advertising beverages. Insofar as according to § 1 para. 4 of the Price Indication Ordinance (PAngV), the provision may no longer be applied due to the lack of a basis in European Union law. This would result from Art. 7 para. 4 lit c) and Art. 3 para. 5 of the European Unfair Commercial Practices Directive.

The 6th Civil Senate of the Cologne Higher Regional Court did not follow this opinion. According to German law – § 1 para. 4 PAngV – the inclusion of the deposit in the total price is inadmissible. The fact that the defendants had complied with German law could not give rise to a claim for injunctive relief under unfair competition law. It is true that the German provision has no basis in European Union law. However, it was applicable German law and therefore had to be interpreted by the court, especially with regard to the principle of equal treatment as set forth in Article 20 (1) of the Basic Law. 3 of the Basic Law. Despite the concerns raised, the German legislator has not yet seen any reason to amend the Price Indication Ordinance. The court was bound by existing law and had no authority to ignore an existing rule. In particular, it could not move from the role of the user of norms to that of a norm-setting authority. EU directives would not be directly applicable in the EU member states and an interpretation of Section 1 (1) in conformity with the directives would not be possible. 4 PAngV is not possible.

In addition, however, the Senate is also of the opinion that the provision of Section 1 para. IV of the PAngV was outside the fully harmonized regulatory scope of the European Directive on Unfair Commercial Practices and did not have to be deleted by the German legislator. The purpose of the provision is to avoid disadvantages for reusable containers compared to disposable containers when it comes to pricing, because otherwise reusable bottles would appear to be more expensive. The Senate also emphasizes that the price marking according to § 1 para. 4 PAngV safeguards the interests of consumers and does not noticeably impair them. The separate marking of the price of the goods and the deposit to be paid is not only customary in the market, but also highly transparent. It contributes significantly to avoiding calculation errors in determining the relevant price of goods without a deposit. The opinion of some district courts, according to which § 1 para. 4 PAngV may no longer be applied is not to be followed. There would be no supporting justification for the demand to ignore applicable law.

The Senate did not allow the appeal. The judgment will soon be published in anonymized full text at www.nrwe.de.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Cologne Higher Regional CourtCologne Regional CourtConsumerInjunctive reliefJudgmentsLawsLawsuitRegulation

Weitere spannende Blogposts

BGH expands civil senates

No more free tissues at the pharmacy?
7. November 2022

As of September 1, 2019, the Federal Minister of Justice and Consumer Protection established an additional Civil Panel at the...

Read moreDetails

How companies master the legal framework of digital transformation

How companies master the legal framework of digital transformation
27. January 2023

Digital transformation is one of the most discussed topics of the present day. It presents companies with new challenges and...

Read moreDetails

ECJ: Amazon doesn’t have to offer users a phone number

Working abroad in the EU? Do not forget A1 certificate!
28. February 2019

The Federal Association of Consumer Centres and Consumer Associations, Consumer Association of the German Federal Association of Consumers, sued Amazon...

Read moreDetails

Missing/incorrect data protection declaration liable to a warning?

Missing/incorrect data protection declaration liable to a warning?
7. November 2022

This question is currently not so easy to answer, because the case law is currently wildly mixed. Even in pre-DSGVO...

Read moreDetails

ECJ ruling on the GDPR: Consequences and recommendations for action for companies processing personal data

Lego brick still protected as a design patent
15. May 2023

The General Data Protection Regulation (GDPR) has fundamentally changed the way companies handle personal data. It has set new standards...

Read moreDetails

Telecommunications providers and revocation

Telecommunications providers and revocation
7. November 2022

I regularly deal with clients who have issues with their telecom provider, and frankly it's hard to determine which provider...

Read moreDetails

Brexit and data protection, review contracts and service providers

ITMediaLaw: Http3 on Litespeed Server
7. November 2022

Earlier this year, I already warned about Brexit and data protection in this article. However, that was before the UK's...

Read moreDetails

Data protection because of Facebook scraping? Finally at the BGH!

BGH considers Uber Black to be anti-competitive
22. May 2024

The VI. Civil Senate, which is responsible for legal disputes regarding claims arising from the General Data Protection Regulation, will...

Read moreDetails

LG Berlin considers GDPR violations to be recalled

13. May 2019

In data protection law, the question of whether the General Data Protection Regulation contains market conduct rules and whether infringements...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024

  In this insightful episode of the ITmedialaw podcast, we take an in-depth look at the intersection of Web3, blockchain...

Read moreDetails
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
fcb134a2b3cfec5d256cf9742ecef1cd

The unconventional lawyer: a nerd in the service of the law

26. September 2024
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung