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ARTICLE · 21 MAY 2013

An Address Must Be Shown In Product Advertising

In a recent decision, the Brandenburg Higher Regional Court held that the regulations under competition law require the address of the registered office of the company to be included in all directly product-related advertising.

GermanyAntitrust/Competition Law
Christian Donle
Christian Donle

In a recent decision (6 W 72/12), the Brandenburg Higher Regional Court held that the regulations under competition law (Section 5a (3) (2) of the Law Against Unfair Competition) require the address of the registered office of the company to be included in all directly product-related advertising.

In the adverts, which introduced specific products and stated prices, a company gave its name and the address of four branches. The legal registered office was at a fifth address, but this was not given in the advert.

While the Regional Court deemed the giving of branch addresses to be sufficient, the Higher Regional Court overturned this and adjudged that adverts of this kind should be ceased.

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