Price Indication Directive, Article 2 Price Indication Directive, Article 2, (a) Price Indication Directive, Article 2, (b) Price Indication Directive, Article 3 Price Indication Directive, Article 3, 4. Price Indication Directive, Article 4 Price Indication Directive, Article 4, 1.

ECLI:DE:OLGSTUT:2018:0215.2U96.17.00

An automatically generated “mini-gallery” of a product does not contain a sales offer, in the sense of the PAngV (Regulation on price quotation).

The defendant contractually agreed to a cease-and-desist declaration to refrain from publishing and/or maintaining offers on the eBay trading platform concerning decorative textiles.

The plaintiff claimed a contractual penalty.

A "mini-gallery" of product views automatically generated by eBay without legible information on material and intended use does not constitute an offer within the meaning of article 2 paragraph 1 PAngV because it does not lead to a purchase decision by the visitor. Therefore, there is no obligation to indicate the basic price within the framework of the Minigalerie View.

In this case, the cease-and-desist declaration is interpreted with regard to an advertisement without a basic price, in order to determine whether the advertisement actually infringes the cease-and-desist declaration.

Volltext: Volltext

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The applicant's appeal against the judgment of the Rottweil Regional Court of 19 May 2017 (Case No 5 O 72/16) is dismissed.

In this case, the “Mini-gallery” view does not constitute an offer according to the Preisangabenverordnung, and thus, no infringement of the cease-and-desist obligation can be concluded.