This is important for any company that occasionally advertises a
discount to consumers. Ever since the amended Price Display of
Products Decree came into force in January 2023, it was unclear how
to interpret the (then) new rules around discount communications.
Is it sufficient if a price reduction announcement only mentions
the "previous price" (i.e. the lowest selling price in
the 30 days prior to the price reduction)? Or must this previous
price also be the reference price (e.g. crossed-out price)? The
ECJ provides clarity: when announcing a
price reduction, the reduction must be based on the
previous price.
Let me show you what this means in practice by referring to
Aldi's leaflet offering bananas and pineapples, as this was the
subject of discussion in the case before the Court of Justice.
