On the Professional Title "Heilpraktiker für Psychotherapie"

Is the professional title "Heilpraktiker für Psychotherapie" misleading if the actual permit issued was for the title "Heilpraktiker (Psychotherapie)"? This was the question addressed by the Higher Regional Court (OLG) Düsseldorf.

A naturopath (Heilpraktiker) received permission through a certificate titled "Permission to practise medicine in the field of psychotherapy" to practise "medicine exclusively in the field of psychotherapy". According to this permission, he was required to use the professional title "Heilpraktiker (Psychotherapie)" when exercising his profession. On the internet, the naturopath advertised himself using the professional title "Heilpraktiker für Psychotherapie".

The Wettbewerbszentrale (Competition Authority) regarded this as anti-competitive misleading advertising. The relevant trade sector would understand this advertising to mean that the naturopath possessed an additional qualification in psychotherapy in addition to his licensing as a naturopath, although this was not the case given that his permit was actually granted with restrictions.

The Wettbewerbszentrale took action against the naturopath for unfair competition and sought an injunction. The Regional Court (LG) Wuppertal at first instance dismissed the action.

The Court's Decision

At second instance, the Wettbewerbszentrale was unsuccessful. The Higher Regional Court (OLG) Düsseldorf dismissed the appeal by judgment dated 22.12.2016 – Az. I-15 U 39/16.

The Higher Regional Court (OLG) Düsseldorf pointed out that the title "Heilpraktiker für Psychotherapie" was indeed capable of causing confusion, because some of the relevant trade sector would understand it as an additional qualification rather than as a restriction. The title left open whether the defendant was licensed as a naturopath only in a restricted capacity for the field of psychotherapy or whether he possessed an appropriate additional qualification in addition to his standard licence as a naturopath.

In this case, however, the Higher Regional Court (OLG) Düsseldorf considered the title to be covered by the licensing decision issued to the naturopath, so that misleading advertising could be ruled out.

Conclusion

It is generally advisable to use the exact title that was actually granted when choosing a professional designation. In this way, misleading the relevant trade sector and thus committing an infringement of competition law can be avoided.