Background
An online retailer for model cars advertised discounts using strikethrough “reference prices.” These were not the most recent selling prices but amounts charged many months earlier (e.g., €72.95). In fact, the product had been offered weeks before for €39.00 and at times even for €31.20.
Decision
The court held the pricing display to be misleading, constituting an infringement of the German Price Indication Ordinance (PAngV) in conjunction with the unfair-commercial-practices rules under the UWG. Referencing an outdated, higher price suggests a greater discount than actually granted.
Court’s Reasoning: The strikethrough price must reflect the most recent price
Consumers reasonably interpret a crossed-out price as the previous selling price. A reference price that was not charged immediately before the price reduction misrepresents the actual savings.
- The advertised €72.95 was not the last price charged.
- Immediately prior to the promotional prices (€31.20 / €39.00), the retailer had not advertised €72.95.
- Absent clarification, consumers may assume the strikethrough price equals the most recent price — which was incorrect here.
To the point
Strike-through prices must reflect the most recently charged price – outdated reference prices are misleading and violate German pricing law (PAngV/UWG
Case No.: District Court of Wiesbaden 11 O 1/25