LG Wuppertal: Advertising flyer must contain complete revocation instructions with sample revocation form

An entrepreneur had enclosed an advertising brochure with a print medium that contained a reply card and an order card. A complete revocation instruction and a sample revocation form were missing. The entrepreneur argued that he was allowed to refrain from a complete reproduction due to the limited display options (Art. 246a § 3 EGBGB). The Wuppertal Regional Court did not agree with this. Even in advertising brochures in which every additional word is "cash", the consumer protection regulations must be fully complied with.

The judgment is not yet final. The proceedings are particularly interesting because they are being pursued by the Wettbewerbszentrale, which is apparently seeking a landmark decision. It can therefore not be ruled out that the BGH and ECJ will also decide on the case.

(Regional Court of Wuppertal, judgment of 21.07.2015, Ref. 11 O 40/15 - not final)

Date: 9. Nov 2015