Hamm, Germany — April 16, 2026
The Oberlandesgericht Hamm has dismissed a lawsuit by the Verbraucherzentrale-Bundesverband (vzbv) challenging Penny's practice of offering discounts exclusively through its mobile app, ruling that the policy does not discriminate against customers without smartphones.
Legal Battle Over App-Exclusive Discounts
The consumer rights group vzbv had filed the lawsuit against discount supermarket chain Penny, arguing that its app-only promotions—such as a 52% discount on fruit yogurt advertised in a prospectus—unfairly exclude older, disabled, or younger customers who may lack access to smartphones or the ability to use apps. The court, however, found no evidence of discrimination based on age or disability, siding with Penny's argument that the practice is a legitimate way to offer deals to tech-savvy shoppers.
This marks the second such legal defeat for the vzbv in recent months. In March, the Oberlandesgericht Bamberg rejected a similar case against rival discounter Netto. The consumer group is also pursuing action against Lidl, with a hearing scheduled for September.
Consumer Group Vows to Appeal
Despite the setback, the vzbv signaled it may take the case to Germany's highest court. "Selbstverständlich hätten wir uns ein anderes Urteil gewünscht. Positiv ist allerdings, dass das Oberlandesgericht Hamm die Revision zum Bundesgerichtshof zugelassen hat," the group said in a statement, emphasizing that the court allowed for an appeal to the Bundesgerichtshof.