BGH: Prices In Price Must Be Updated

BGH calls for real-time updating of prices in price comparisons and price a dealer advertises its products in price, must comply with the specified prices always up-to-date. Responsibility for this rests with the dealer. The price shown in the price is outdated, the dealer due to misleading advertising cannot be prosecuted. The German Federal Supreme Court recently in a ruling decided that. In the present case, a trader had advertised an espresso machine for 550 euros and raised the price then to 587 euros. On his own website, he had immediately changed the price and promptly informs the operator of the price search engine. The refresh of the price in the price search engine was however until three hours later. The ranking of the displayed products in price depends on the price. A product appears with a low price before a product with a higher price tag. The defendant trader stood with his no longer current offer for the espresso machine thus also after the Price increase still ranked the price search engine. Here was misleading advertising for a different dealer who uses this price, and he sued for injunctive relief and damages. The Berlin State Court dismissed this complaint in the first instance, in the second instance was granted the request in its entirety. The Federal Supreme Court has now rejected the revision of the defendant with the above judgment. A price search engine users can expect therefore that the local information corresponds to the currently up-to-date. Despite the hint that all information without guarantee be mislead is a price increase not to be detected. Because the BGH ruling of price comparisons is high technical requirements and the judgment is not immediately feasible, price comparisons such as ciao.de, idealo, pricerunner.de, or indicate their users possible price increases. Dealers should switch until the prices of their products, however, if the update in the used price search engine is actually done.

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