Current case law on advertising with price reductions
How can discounts, strike prices, RRP and percentages be advertised today?
Whether percentages, crossed-out prices or terms such as „price advantage“ - price reductions remain a central advertising tool in retail.
The current case law of the ECJ, BGH and OLG shows: Anyone who advertises price advantages must take the relevant Reference price Clear, transparent and legally clean presentation. Failure to do so may have consequences under competition law.
What does § 11 PAngV actually regulate?
11 PAngV obliges companies to be particularly transparent when offering price reductions. advertises with a reduction, must in principle indicate the lowest total price of the last 30 days, immediately before the price reduction actually demands was.
In the case of gradual, uninterrupted price reductions, the provision allows, by way of exception, the price that applied before the first reduction to be used as a basis, § Section 11 (2) PAngV.
Sense and purpose of the standard
The regulation has been in force in its current form since 2022 and sets requirements under EU law for the protection of consumers for price reductions, namely Art. 6a of the Price Indication Directive, to.
Price advertising should Comparable and comprehensible be. Consumers should be able to recognize better, whether one advertised Price reduction actually one real Price advantage offers. Companies should not with artificial increased or have not been requested for a long time Reference prices advertise to make a price advantage appear greater than it actually is.
This is because special offers, discount campaigns and price reductions can increase the Directly influence purchasing decisions. Consumers are thereby targeted in the respective Online store, to the concrete Offer and often also to the Purchase decision steered.
Price reductions are therefore from consumer law View Particularly sensitive. Current case law takes a clearly consumer-protective line and places high Requirements to the transparency of price reductions.
When does the obligation apply - and when does it not?
11 PAngV applies when a concrete price reduction is announced, i.e. when a Product more favorable shown becomes than it was before.
Typical cases include
- Advertising with percentage discounts,
- Strike prices,
- "instead of“ prices or
- other arrangements in which a previous price is compared with a new, reduced price.
The § 11 PAngV however not every advertising statement all about low prices. Relevant the standard only then, if the advertising communicates a specific price advantage.
Not from the duty recorded are according to § Section 11 (4) PAngV among other things
- individual price reductions, i.e. price reductions that only agreed in person be used - for example Negotiate or if the dealer as a gesture of goodwill
- and Price reductions with perishable goods or goods with a short shelf life, if the reduction is due to imminent spoilage or expiry of the shelf life and this is made clear to consumers.
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Dr. Norman Dauskardt:
Current developments: What the ECJ, BGH and OLGs are now clarifying
What companies must now observe when advertising discounts according to current case law
The actual New currently lies less in the legal text itself than in its interpretation by case law. Although § 11 PAngV already since 2022 the lowest total price of the last 30 days as reference price. However, the ECJ, BGH and higher courts have now made it clear that the decisive factor is no longer just the question, whether the lowest total price of the last 30 days is mentioned somewhere. The decisive factor is above all, like the price reduction communicates and on which reference price the highlighted price is based. Discount message actually refers to.
Here is an overview of current case law:
ECJ: The advertised discount must refer to the 30-day reference price - and not just be mentioned somewhere in addition
The ECJ on September 26 2024 (Judgment of. 26.09.2024, Ref. C-330/23) clarified:
For price advertising not just anywhere the previous lowest 30-day price. Rather, the highlighted discount message - for example „-20 %“ or „particularly favorable“ - to exactly this 30-day price.
It is sufficient so not, the 30-day reference price somewhere additional specify, when the Eye-catcher actually on one other, higher Comparative price supported.
The ECJ thus stipulates:
- The actual promotional statement about the discount must refer precisely to the lowest price in the last 30 days:
- The reference price must not just be a small figure - it must also really reflect the Basis of the advertised discount
- It is therefore not enough if the retailer advertises with „-20 %“, but calculates this 20 % from a different, higher comparison price and only mentions the 30-day price somewhere in addition.
This applies not only to traditional percentages, but also to also for advertising statements, the emphasize the favorable price. So not only „-20 %“, but also formats such as „price highlight“ if a price advantage is to be emphasized.
This should prevent, that prices be increased shortly before an action, in order to subsequently apparently especially attractive Discount to be recognized.
BGH: Reference price must be unambiguous, clearly recognizable and easy to read
The BGH confirmed this line in its ruling of October 9, 2025 (I ZR 183/24) is further concretized for German law (Judgment of October 9, 2025 - I ZR 183/24).
Accordingly, price advertising is not permitted if the lowest total price of the last 30 days is not unambiguous, clearly recognizable and easy to read is indicated. The reference price may therefore not be „hidden“ in a visually subordinate footnote that is difficult to understand, while the eye-catcher with the strike price and percentage suggests a much greater discount.
It reaches so not, the legally required Price formal somewhere in the advertising. The decisive factor is that consumers can easily grasp the relevant price basis. The BGH derives the requirement from § Section 11 (1) PAngV in connection with the general requirement of price clarity from § Section 1 (3) sentence 2 PAngV because this essential information is not sufficiently clearly communicated he saw advertising at the same time as unfair according to the UWG
The BGH stipulates:
- The reference price must not be hidden or perish such as in a small, difficult to understand or visually subordinate footnote
OLG Düsseldorf: No „rescue“ by stating an EIA
- 11 PAngV can be not thereby Bypass, that instead of an earlier sales price, a RRP is indicated within the advertising. When the consumer of the Impression arises, the retailer grants a concrete Discount, advertising must comply with the rules for price reductions, so the OLG Düsseldorf in its ruling of December 18, 2025 (I-20 U 43/25).
Problematic advertising with an EIA is deemed to be unlawful if, from the consumer's looks like a classic discount advertisement, without the Requirements of the § 11 PAngV to fulfill. The decisive factor is that the lowest actual price of the last 30 days is stated as the reference price and that the advertised discount also relates to this price.
The OLG Düsseldorf ruled:
- Decisive for § 11 PAngV is the Overall impression
OLG Cologne: The overall effect of the advertising is decisive.
The decision of the OLG Cologne dated February 13, 2026 (6 UKl 4/25) makes it clear: It is not enough to specify the 30-day reference price somewhere in addition. If a percentage discount or other advantage is advertised, this highlighted discount must refer to the lowest price of the last 30 days. The eye-catching discount advertised must refer to precisely this price and be clearly recognizable as such for consumers. The OLG Cologne derives this from § 11 PAngV in interpretation in conformity with EU law and explicitly refers to the case law of the ECJ.
The line of recent case law is clearly consumer-protective: Price reductions are not only about, that the 30-day best price is given, but also, which message is received by the consumer. Today, discount advertising must not only be mathematically correct, but also transparent in its overall design.
In practice, this means that the decisive factor is not only, whether the 30-day price appears somewhere. The most important thing is, what the eye-catching price advertising actually refers to. Retailers must design their price advertising in such a way that consumers at first glance recognize which price is the relevant reference price.
Unsure whether your advertising is legally compliant? - Arrange a free initial consultation
Competitor is advertising unfairly? - What to do?
Stick to the rules yourself, but not others?
Who now itself to the Guidelines on price advertising, it must do not accept, that other Competitor through unlawful discount campaigns Advantages procure. Breaches of price disclosure obligations can significantly affect the interests of consumers, competitors or other market participants - and therefore be legally relevant.
In practice, the main Claims for injunctive relief and removal into consideration. Anyone who has the impression that a competitor is gaining an advantage with unlawful price information should have it checked at an early stage whether steps can be taken under competition law.
Do you want to issue a warning to a competitor? - Contact us for a free initial assessment
Conclusion
Discount advertising must not only be mathematically correct, but also transparent in its overall design.
The trend is clearly consumer-protective. Anyone who works with strike prices, % discounts, „price highlight“, „Black Friday“ claims or hidden footnotes must now not only state the 30-day price, but also design the entire advertisement in such a way that the consumer immediately understands, which price is the real reference price. It is precisely at this point that the PAngV is being „tightened up“ by the ECJ, BGH and OLGs.
If you want to design discount advertising in a legally compliant manner or have existing campaigns reviewed, you should incorporate the latest case law into your advertising design at an early stage. This applies not only to your own advertising measures, but also when competitors gain advantages through unlawful price advertising.
Do you want to make your advertising legally compliant or have you received a warning letter due to violations of Section 11 PAngV and need legal advice? - Arrange a free initial assessment
FAQ
1 Can I still advertise with discounts at all?
- Yes, price reductions remain permissible. However, companies must observe Section 11 PAngV and use the lowest total price of the last 30 days as the relevant reference price.
2 Does every percentage have to be based on the lowest 30-day price?
- If the percentage advertises a price reduction, yes. Highlighted discount information must refer to this reference price.
3 Can I advertise with an RRP?
- EIA advertising is not automatically inadmissible. It becomes problematic if, from the consumer's point of view, the design looks like a separate price reduction and the highlighted reduction does not relate to the lowest total price in the last 30 days.
4 Is an asterisk sufficient?
- Not mandatory. The BGH requires that the legally applicable reference price is stated unambiguously, clearly recognizable and clearly legible.
5 What are the penalties for violations?
- Depending on the individual case, warnings from competitors or associations as well as court injunction proceedings may be considered. This can quickly become relevant, especially in the case of promotional discount campaigns.
6 What do the courts say?
- The ECJ requires that advertised price advantages are generally based on the lowest price of the last 30 days. The BGH also emphasizes that this reference price must be presented clearly, comprehensibly and legibly. Decisions from Cologne and Düsseldorf, for example, show that combinations of strike price, percentage, RRP and best price in particular can be legally contestable. For companies, this means that discount advertising must not only be mathematically correct, but also transparent in its overall design.