On November 4, 2024, the Düsseldorf Regional Court ruled in favor of a competition law lawsuit against a grocery retailer, thus criticizing the way special offers are labeled at Aldi Süd. The case concerned compliance with the requirements for disclosing the duration of offers according to the Price Indication Ordinance.
Subject matter: Price advertising and transparency for consumers
The focus of the court proceedings was the presentation of special offers in sales outlets. Aldi Süd had marked these offers with special price tags, but without an explicit indication of the duration of the price reduction. The plaintiff saw this as a violation of the transparency requirements and the obligation to make the start and duration of a price reduction immediately and clearly accessible to consumers.
Legal situation and evaluation by the Düsseldorf Regional Court
The court found that the Price Indication Ordinance imposes specific requirements on informing customers about price reductions. According to § 11 Para. 1 Sentence 2 of the Price Indication Ordinance, not only the previous price must be stated when offering reduced-price goods, but also explicitly the duration of this reduction. The goal is to enable consumers to understand and compare price promotions.
The previous practice of Aldi Süd, not providing an indication of the offer period in the immediate vicinity of the price tags, does not meet these requirements according to the Regional Court. Specifically, a reference to the promotion days in the weekly flyer is not sufficient. The advertising medium and thus all the necessary information must be found at the point of sale itself.
Consequences for the design of offer labeling in retail
The ruling further specifies the due diligence obligations of commercial operators in dealing with special offers and price reductions. Retail companies are consequently obliged to place the required information on the start and duration of the promotion directly with the respective offer labeling within their pricing practices to meet competition law requirements.
The judgment is not yet final and can be appealed. The decision is published at: https://urteile.news/LG-Duesseldorf_38-O-18222_Aldi-Sued-muss-Sonderangebote-anders-kennzeichnen~N34511.
Relevance for practice and legal issues in competition law
The proceedings emphasize the significant importance of legal regulations on price labeling and highlight the risks of deviating from them. Retail companies, investors, as well as management in sales and marketing are urged to be particularly sensitive regarding the legally compliant communication of special offers in light of such regulations. For further questions on measures related to competition and price indication law, MTR Legal Attorneys offers comprehensive Legal advice in competition law.
