The Federal Supreme Court of Justice (Bundesgerichtshof “BGH”) dismissed on 10 November 2016 the further appeal of the competition central of agency (Wettbewerbszentrale) against the judgment of the Court of Appeals (Oberlandesgericht “OLG”) Düsseldorf of 29 January 2015 (I ZR 29/15). It is now clear in the final instance that displaying GEERS hearing aids in the display window without showing the price was permissible.
The OLG Düsseldorf had already decided in the previous instance that hearing aids do not constitute products for which a customer decides solely on the basis of the display windows and, thus, is not subject to the duty to display prices. The judges classified this decision a general duty to display prices of goods in display windows under § 4 para 1 German Regulation on Stating Prices (Preisangabenverordung “PAngV”) could be a violation of European Law (more).
The First Civil Division of the BGH has now confirmed this in its judgment. The judges determined in the oral hearing that the display of hearing aids without stating the name of the manufacturer or product in a display window does not constitute an offer within the meaning of § 1 para. 1 S. 1 PAngV.
GEERS was represented in Karlsruhe by the attorney Dr. Brunhilde Ackermann who is admitted to the BGH. In the previous instances, GvW Graf von Westphalen successfully defended the company located in Dortmund with the Düsseldorf GvW-partner Dr Joachim Mulch.