Display window advertising: GvW GEERS wins in full before the Federal Supreme Court of Justice (Bundesgerichtshof)
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.
News
Federal Administrative Court: Fehmarn Belt Fixed Link may be built
The Federal Administrative Court has dismissed all six pending appeals against the planning decision on the Fehmarn Belt Fixed Link. Construction of the tunnel may therefore now also begin in Germany. GvW advised the State of Schleswig-Holstein and was represented by a Hamburg team consisting of Dr Ronald Steiling (lead), Corinna Lindau, Dr Dietrich Drömann, Prof. Dr Christian Winterhoff, Dr Andreas Wolowski, Saskia Soravia, Dr Stefanie Ramsauer, Dr Annika Bleier, Felix Kazimierski and Niclas Langhans. (BVerwG 9 A 6.19, 9 A 7.19, 9 A 9.19, 9 A 10.19, 9 A 11.19, 9 A 12.19 and 9 A 13.19).
H4 Hotel Mönchengladbach at BORUSSIA-PARK: the place for that Bundesliga feeling
Football is king at H-Hotel Group’s new H4 Hotel in Mönchengladbach. Its location right next to the stadium and the theme rooms depicting the history of the Borussia Dortmund football club make this new hotel unique and a must for any football enthusiast. Our lawyers had the pleasure of advising H-Hotels Group on the creation of its first football-themed hotel and took the chance to visit this amazing place shortly after its opening.
Transport System Bögl: new local public passenger transport system a big success in China
The Max Bögl group of companies has developed a new local public passenger transport system. The system called “Transport System Bögl” (TSB) uses magnetic levitation, or “maglev” technology and provides a clean and cost-efficient means of transport for better mobility in inner city areas. The technology is becoming increasingly popular also in other countries: Max Bögl’s most recent export order was the sale of its TSB to China. The company’s plans include building a 3.5 km test track in Chengdu and extensive marketing activities to promote the technology in China – all through a sales partnership with a Chinese company.
You don't want to miss any more of the latest legal developments? And be invited to our events? Then register here.