“Plus deposit” is mandatory in advertising
Dealers must state the deposit separately
October 26, 2023, 12:25 p.m
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The reference “plus deposit” is not only permitted in advertising brochures, it is actually necessary. After the ECJ, the BGH has now reached this judgment. The plaintiffs saw competition law violated.
Deposits for bottles and glasses must be stated in advertising separately from the price of the product. The Federal Court of Justice (BGH) decided this, ending a years-long dispute between the Association of Social Competition and a Kiel department store chain. This was preceded by a ruling by the European Court of Justice (ECJ), which in June also declared the separate identification of deposits to be permissible and also considered it necessary in the interests of transparency.
At the hearing two weeks ago, the BGH left no doubt that the decision would be implemented as specified by the ECJ. The grocer behaved completely correctly, said the presiding judge of the 1st Senate when justifying the verdict. The association, on the other hand, considered it inadmissible for the chain to advertise drinks in deposit bottles and yoghurt in glasses in one of its brochures from autumn 2018 and to specifically state the deposit amount. In the leaflet there was always the addition “plus…? deposit” next to the price of the goods.
Like the people of Kiel, most grocers handle it. The association saw this as a violation of competition law. At a first hearing in 2021, the BGH asked the ECJ about this. After its decision, the BGH had to hear the case for the second time and now ruled in the interests of the traders. The separate indication of the sales price and the deposit amount enables consumers to better assess and compare the prices of goods, it said.
The German Trade Association (HDE) welcomed the BGH decision. This will strengthen consumer protection and the sale of sustainable goods in reusable containers, says Peter Schröder, HDE head of legal and consumer policy. This would also make it easier for customers to see how much a product actually costs.