Posts tagged #advertising
All PostsAustrian OGH on Misleading Price Advertising
Competition LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether the defendant company’s practice of advertising smartphones as costing ‘EUR Zero’ was permissible, despite the fact that the ...
ECJ on Misleading Price Discounts in Advertising Brochures
European LawThe European Court of Justice (ECJ) has been presented with a case of practical relevance concerning the advertising of discounts and price reductions. A German discounter had advertised in its flyers percentages on price savings as well as ‘price hi...
OGH: All Flavour, No Fruit in Misleading Juice Ad
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that using flavouring in soft drinks is misleading if consumers would expect real fruit juice judging from the packaging. The defendants manufacture and market a sof...
OGH: Misleading Data Transmission Speed Adverts
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with an internet service provider advertising maximum data transmission speed that was, in reality, far from the actual speed. On the defendant’s website, t...
DE: Obligation to label Instagram advertisements by influencers
The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled in three proceedings on the question of the extent to which influencers are obliged to label advertising in their Instagram posts when using so-called "Tap Tags". The action was brought ...
Antitrust: Possible anti-competitive practices by Facebook?
The European Commission has launched an antitrust investigation into Facebook. The suspicion is that Facebook might have violated EU rules on anti-competitive agreements (Article 101 TFEU) and/or on abuse of a dominant market position (Article 102 TF...
OGH: Advertising of a lawyer
A legal advisor's choice of words announcing a "forceful medial representation" (“schlagkräftige mediale Durchsetzung”) is not an insulting or credit-damaging approach and is justifiable in the sense of section 9 (1) of the Lawyers' Act (Rechtsanwalt...
OGH on the presentation of standard information and the choice of representative example in consumer credit advertising (Sec. 5 (1) VKrG)
The Supreme Court (OGH) had to decide on a request for an injunction by the Association for Consumer Information (Verein für Konsumenteninformation, VKI) against a bank due to the manner of advertising for consumer loans. In the present case, the def...
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