Legal Literature

  • Legal Literature Details
    • Member State: Germany
    • Title: Is § 4 No. 6 UWG (the German Unfair Competition Act) compliant with the UCP Directive?
    • Subtitle:
    • Type:
    • URL:
    • Author: H. KÖHLER
    • Reference: Gewerblicher Rechtsschutz und Urheberrecht (GRUR) 2009, pages 626-633
    • Publication Year: 2009
    • Keywords: black list, combined offers, full harmonisation, prize promotion, professional diligence
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 3. Unfair Commercial Practices Directive, Chapter 2, Article 5, 5. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9
  • Headnote
    The author discusses whether § 4 Nr. 6 UWG (the German Unfair Competition Act), which prohibits to link a prize draw to the purchase of products and/or services (the ban on so-called tie-ins), is compliant with the UCP Directive.

    The author concludes that § 4 Nr. 6 UWG is compatible with the UCP Directive, as it has to be read in conjunction with Sec. 3 II 1 UWG, which specifies the requirement of the "professional diligence", and enables a consideration of the circumstances of the individual case.

    In particular, if such tie-in offer is directed at a group of particularly vulnerable consumers, such as children and minors, § 3 II 3 UWG enables a correct interpretation of § 4 Nr. 6 UWG and is therefore compliant with the UCP Directive.  
  • General Note
    In the meantime, on 14 January 2010, the ECJ decided (C-304/08) that Sec. 4 Nr. 6 UWG is not compliant with the UCP Directive as this national law does not consider the particular circumstances of the individual case.
  • Related Cases

    No results available

Feedback

Use the form below to share your comments and feedback on our new website