Heilbronn Regional Court: Lidl Loses Dispute Over Price Advertising for Cream Yogurt

The court justified its ruling primarily with the term "Aktion." The word "Aktion" in combination with the crossed-out RRP was decisive for the judge. A crossed-out RRP alone would, in the court's view, probably not necessarily be impermissible. However, in connection with the reference to a limited promotional period, consumers get the impression that it is a genuine price reduction.

Reasoning of the court

According to the court's findings, Lidl had never itself sold the brand-name yogurt for 89 cents. As the ruling's reasoning shows, Lidl had never itself sold the brand-name yogurt for 89 cents. The crossed-out price was the manufacturer's RRP. The discounter argued in court that this was a product that was available at all during the promotion period, but only temporarily. The court was not convinced.

Consumer advocate Bernhardt assessed the decision as a clear signal. The court made clear that the reference to a promotion with a limited promotional period, combined with a crossed-out RRP, gives the consumers addressed the impression that it is a price reduction, said Gabriele Bernhardt of the Consumer Center to the "Lebensmittelzeitung." At the same time, she emphasized: "Ein Aktionspreis ist nach dem Urteil zwingend als ein herabgesetzter Preis zu verstehen."

Reaction of the Consumer Center

The court formulated it similarly. "Ein Aktionspreis ist deshalb zwingend ein herabgesetzter Preis," the ruling's reasoning stated. A mere juxtaposition with the manufacturer's price recommendation is, in the view of the average consumer, not sufficient to speak of a promotion. Such a juxtaposition is merely a comparison with the manufacturer's price recommendation from the average consumer's perspective, according to the court.

The ruling is not yet final. Lidl can appeal to the Higher Regional Court of Stuttgart. Until a decision by the higher instance, it remains open whether the advertising will ultimately be permanently banned. Industry observers nevertheless consider the outcome of the case to be trendsetting for the handling of promotional prices in the food retail sector.

Outcome and next steps

The case is part of a series of disputes in which consumer centers are taking action against allegedly misleading price advertising in the food retail sector. For the Consumer Center Baden-Württemberg, the success is evidence that legal action is worthwhile, even against established discounters. Bernhardt sees this as confirmation of her organization's approach in the fight against bait advertising.

Lidl itself has not publicly commented on the ruling or a possible appeal so far. According to the "Lebensmittelzeitung," the discounter merely refers to the ongoing legal options. When the Higher Regional Court of Stuttgart might decide is currently unclear. Should the appeal be rejected, Lidl would have to permanently cease the advertising and expect a cease-and-desist notice.