Professional designation "Psychologist" through further training?

May a provider of work-related further training courses advertise their programmes as conferring the professional designation "Business Psychologist (FH)", "Organisational Psychologist (FH)" or "Communication Psychologist (FH)"? An association representing the interests of psychologists considered this to be contrary to competition law, insofar as the further training courses did not build upon university studies in psychology.

An association for the promotion of the professional interests of psychologists sued a provider of work-related continuing education courses, which awarded its graduates a "University Certificate" with the title of a Business, Organisational or Communication Psychologist (FH) in cooperation with a polytechnic.

The association accused the further training institute of creating the impression through the advertising of this protected professional designation that graduates of its courses were permitted to use this professional designation even without prior psychology studies, and brought an action for a cease-and-desist injunction on grounds of unfair and misleading advertising.

The Regional Court (LG) Lübeck granted the cease-and-desist claim at first instance and prohibited the further training institute from advertising the professional designation "Business Psychologist (FH)", "Organisational Psychologist (FH)" and/or "Communication Psychologist (FH)".

Court's decision

The Higher Regional Court (OLG) Schleswig-Holstein decided by judgment of 21.07.2016 (Az. 6 U 16/15) that the advertising by the further training institute with these professional designations was misleading and therefore to be ceased.

The advertised professional designations gave the impression to the public that graduates were permitted to describe themselves as Psychologist (FH) after successfully completing the further training course, even if they had not previously completed a psychology degree. However, this was not the case, because the use of the title "Psychologist" is permitted exclusively through completion of a university degree in the field of psychology.

The addition "(FH)" further reinforced the misleading advertising contrary to competition law, because it did not become apparent that participants in the advertised further training courses had merely undergone work-related continuing education at a polytechnic. Rather, the impression was created that the title was based on a degree completed at a recognised polytechnic.

Conclusion

The average informed consumer expects that a person bearing the professional designation "Psychologist" has completed university basic training in the field of psychology. Where it says psychologist on the label, the goods must contain a psychologist!