Competition & Advertising

In a judgement dated 11 February 2025 - 15 O 287/24, the Regional Court of Berlin II dealt with dark patterns in detail.

The federal states are on the way to regulating the monitoring of compliance with the BFSG by a standardised market surveillance authority. The current status and consequences are documented here.

The warning association IDO has suffered its first serious setback before the BGH. Due to its lack of registration as a qualified trade association, the IDO can no longer enforce the judgements or injunctions it has obtained.

The value limit for advertising to the public with promotional gifts for medical products is €1. This was decided by the BGH in the case of a hearing care professional who advertised with a credit of PAYBACK points.

In the dispute between influencers Shurjoka and Tobias Huch, the Higher Regional Court of Frankfurt has ruled that not every public dispute is a case for competition law. While defamatory statements of fact were prohibited, the court allowed polemical statements of opinion such as "Hatefluencerin".

In its decision of 8 July 2025, the Berlin Administrative Court granted the main points of the urgent appeal filed by a restaurateur from Kastanienallee in Berlin-Prenzlauer Berg. The court restored the suspensive effect of the action against the shortening of the closing time and the ban on the provision of outdoor seating. The restaurateur thus preliminarily prevailed against an order by the Pankow district authority that would have severely restricted his business activities in the outdoor area.

In its judgement of 22 May 2020, the Schleswig-Holstein Higher Labour Court ruled that in the event of complications arising after a tattoo, there is no entitlement to continued payment of remuneration for the period of the resulting incapacity to work (judgement of 22 May 2020, case no. 5 Sa 284 a/24).

On 18 July, the German Federal Government published the second call for computer game funding. The good news: there is more money, fewer restrictions and new room for manoeuvre - even for larger studios. The bad news: If you want funding, you have to plan better, document more comprehensively and deliver more in terms of content.

From 2026, odometers without a TSE will not be permitted. Taxi and hire car companies must convert, report and archive their systems in good time. This overview summarises the most important obligations, deadlines and consequences.