The court found that, since the UCP Directive came into force, the German Unfair Competition Act (UWG) has to be interpreted in the light of the UCP Directive.
According to the first draft of the new UWG of the German ministry of justice, Sec. 3, para. 2, 2nd sentence UWG holds that a commercial practice must noticeably impair the economic behaviour of consumers in order to be prohibited. This will be the case when a consumer protection provision of a European Directive or European Regulation would be violated in such a way that obligatory information duties are infringed. According to the court, such information duty also includes the requirement to convey the company registration number, as set forth by article 5 of the eCommerce Directive (2000/31/EC) and implemented by Sec. 5 of the German Telemedia Act. Therefore, according to the court, the absence of such information constitutes a violation of §3 UWG.