Is price indication necessary when presenting in a shop window?

In order to offer consumers optimal price comparison options, prices must be indicated in accordance with the Price Indication Regulation (PAngV) when goods are offered for sale. But what about goods that are merely presented in a shop window? Must these be marked with a price tag? The Federal Court of Justice (BGH) took a position on this matter.

The Centre for the Suppression of Unfair Competition (Die Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) issued a warning to an operator of hearing aid shops. This operator presented various types of hearing aids in the shop window of their branch in Düsseldorf. Next to the hearing aids were explanatory notes; however, there was no price marking.

The warning issuer saw a violation of the PAngV in this and sued for an injunction.

The Regional Court (LG) Düsseldorf dismissed the action. The Higher Regional Court (OLG) Düsseldorf also upheld the hearing aid shop operator's position at second instance. Thereupon the plaintiff filed a revision against the judgment of the Düsseldorf court.

The decision of the Federal Court of Justice (BGH)

With Urteil vom 10.11.2016 – Az. I ZR 29/15 the Federal Court of Justice (BGH) decided that there was no violation of the PAngV and thereby confirmed the view of the Regional Court and Higher Regional Court Düsseldorf.

The Federal Court of Justice (BGH) is of the opinion that an advertisement in which no price for the advertised product is stated is not to be regarded as an offer within the meaning of the PAngV. The hearing aids did not need to be marked with price tags or labelling because the corresponding provision in the PAngV, which requires such marking of the goods, does not cover the mere advertising in the shop window through presentation of the goods without price information.

Conclusion

If there is a mere presentation of products without price marking, the non-applicability of the PAngV is to be assumed. Marking of the goods presented in the shop window by means of price tags or labelling is therefore not required.