This also does not result from Art. 6 the recitals of the directive provide an indication of this, that this requires a basic price indication in close proximity to the total price. After 6. Recital bears the obligation, indicate the selling price and the unit price, noticeably improve consumer information, because it offers consumers optimal options in the simplest possible way, assess and compare the prices of products and thus make informed decisions based on simple comparisons. On the contrary, this recital speaks for it, that already the regulation of the basic price in Art. 4 Abs. 1 offers optimal opportunities for price comparison, without it being additional, require requirements not contained in the wording of the standard.
LG Hamburg 6. Chamber for Commercial Matters, Judgment of 20.08.2019, 406 HKO 106/19
1. The preliminary injunction of the district court of Hamburg dated 09.05.2019/16.05.2019 is repealed and the application for the adoption of a injunction is denied, as far as the respondent is abandoned, the price per unit (basic price) "in in the immediate vicinity" for the total price.
2. The applicant bears the costs of the exemption procedure 20 % and the respondent 80 % to the burden. The further costs of the procedure are at the expense of the applicant.
3. The judgment is provisionally enforceable. The applicant can Enforcement by the respondent against security in the amount of 110 % of this judgment for the respondent enforceable amount, unless, the respondent provides security in the amount of 110 % of each amount to be enforced.
Facts
Of the Applicant is an interest group within the meaning of § 8 Abs. 3 No.. 2 UWG and in this case opposes the one from Blatt 3 the application visible advertising by the respondent for a vitamin preparation without indication of the basic price.2
Of the Applicant obtained on 09.05.2019 one by resolution dated 16.05.2019 corrected restraining order, with which the Respondent Avoidance of the legal regulatory means was prohibited,3
1. in commercial transactions relating to food and/or Publish dietary supplement offers and/or under To advertise prices and/or offers or. price promotion too converse,4
at which are by volume of 10 milliliters and more offered and/or advertised pre-packaged goods, open packs or as Sales units are without packaging, for not at the same time the Price per quantity unit (basic price) and the total price respectively unmistakable, clearly recognizable (close) and good be stated legibly.5
in each case below in the decision dated 09.05.2019 reproduced.6
the Respondent's objection is against them temporary injunction only to that extent, when she is given up, the Display the base price in close proximity to the total price. This is according to the Respondent from the written statement of 04.07.2019 mentioned reasons from the point of view of a interpretation of § 2 Abs. 1 the Price indication regulation not required.7
Die Antragsgegnerin beantragt,8
as recognized.9
The applicant seeks confirmation of the injunction.10
Of the Applicant claims, from the brief dated 22.07.2019 The reasons mentioned are notwithstanding the full harmonization of the continue to demand the right to quote prices, that the base price in in the immediate vicinity of the final price.11
To supplement the submissions of the parties, reference is made to their written submissions and annexes.
Reasons
Of the admissible objection is justified. The injunction proves themselves, taking into account the party's submissions in Objection proceedings to the extent of the objection as wrong issued, because if the interpretation of § 2 Abs. 1 the Price indication regulation deviating from its wording an indication of the Basic price in the immediate vicinity of the total price is not required is.13
As is rightly not called into question by the applicants, may the provisions of the Price Indication Ordinance because of the Full harmonization of this area of law no stricter requirements as the relevant norms of European law. Regarding the Basic price is stated in Art. 4 Abs. 1 the EU Pricing Directive: “The sale price and the price each Unit of measurement must be unequivocal, clearly recognizable and legible be." Contrary to the view of the applicant, this does not apply necessary ahead, that the base price is in the immediate vicinity of the Total price is given. According to the wording of the standard, one unmistakable, clearly recognizable and legible indication of the Basic price also at a different place than in the immediate vicinity of the Total price possible.14
In contrast to the opinion of the applicant does not result from Art. 6 the recitals of the directive provide an indication of this, that the the aforementioned regulation, a basic price indication in the immediate vicinity of the total price required. After 6. Recital bears the Obligation, indicate the sales price and the unit price, made a noticeable contribution to improving consumer information, since they offers consumers optimal possibilities in the simplest way, the Evaluate and compare prices of products and to make well-founded decisions based on simple comparisons. On the contrary, this recital speaks for it, that already the Regulation of the basic price in Art. 4 Abs. 1 optimal options offer for price comparison, without it being additional, in the wording of requirements not included in the standard. As far as the applicant claims, Base price and total price should be at a glance be perceptible, because it is not evident, like an optimal one price comparison should be possible, if not both prices of that Consumers can be perceived at a glance, he misjudges applicant, that the subject of the price comparison is not the basic price and total price are, but the basic prices of various items. In order to no evidence of this can be found, that the EU Price Indication Directive beyond its wording Basic price information required in the immediate vicinity of the total price would have. Rather, the directive assumes that, that optimal Possibilities of price comparison in the simplest way already then exist, if the selling price and the unit price unmistakable, are clearly visible and legible. This matches with also the facts. If the basic price is unequivocal, clear is recognizable and legible, actually offers it to the consumer optimal possibilities of price comparison. § 2 Abs. 1 the The Price Indication Ordinance must therefore be interpreted in accordance with European law, that it is enough, if the base price unequivocal, clear recognizable and clearly legible, even if this is not in in the immediate vicinity of the total price.15
The ancillary decisions follow from §§ 92, 708 No.. 6, 711 ZPO.16
Decision of 02.09.2019