Textile marking in advertising brochures?

The Regional Court (LG) Düsseldorf had to decide the legal question of whether a fashion company operating in retail must comply with European marking requirements in its advertising with illustrated printed brochures, or whether these rules need only be observed insofar as the advertising brochure also provides a direct ordering option.

In the present case, an association for the promotion of commercial interests (hereinafter the "Wettbewerbszentrale") was in dispute with a retailer who operated a boutique selling fashion. He had advertised his boutique with an illustrated printed catalogue, which was distributed by postal drop.

The Wettbewerbszentrale evaluated the lack of information on the fibre composition of the advertised clothing items in the distributed catalogue as a violation of the statutory obligation to mark textiles and demanded that the fashion entrepreneur cease the behaviour within the framework of a competition law cease and desist letter as an impermissible commercial practice.

The boutique owner disputed this, arguing that the European Regulation on Textile Labelling (TextilKennzVO) only concerns the marking of textile labels or textile packaging themselves. A marking obligation in brochures, by contrast, is only mandatory if the consumer has the opportunity to place a direct order. This was not the case with his brochure, since customers could only purchase the goods in the boutique.

Court's decision

By Judgment of 2 April 2014 – Az. 12 O 33/13 – the Regional Court (LG) Düsseldorf ruled in favour of the fashion entrepreneur.

Although the TextilKennzVO is a market conduct regulation and a violation of it is in principle contrary to competition law, no violation of the law was apparent in the present case.

In the opinion of the LG, there is no marking obligation in advertising brochures if the textiles cannot be acquired directly, but as in the present case, a visit to the boutique is necessary. In such a case, the advertised clothing in the catalogue is not yet the supply on the market as required by law.

Conclusion

Before textiles are sold to the consumer, the consumer must have the opportunity to obtain information about the composition of the goods. The regulations on textile marking that now apply throughout Europe must be observed.

In the context of an advertising brochure, corresponding information is still dispensable as long as there is no direct ordering option available to the customer.