Overview
- Aldi Süd’s appeal was rejected by the Düsseldorf Higher Regional Court, which found UVP strike-throughs with negative percent figures misleading without the 30‑day low as the reference.
- The decision is not final, as the 20th civil senate allowed a further appeal to the Federal Court of Justice and Aldi says it will review the written reasons before deciding on next steps.
- The case arose from a leaflet promoting an energy drink for €0.99 with “–23%” versus a struck‑through €1.29 UVP, a comparison consumer advocates argued did not show real savings.
- The ruling applies the Preisangabenverordnung and prior European Court of Justice guidance requiring that discount claims be based on the lowest price in the past 30 days.
- The suit was brought by the Verbraucherzentrale Baden‑Württemberg, which has won similar cases and is pursuing actions against other retailers including Lidl, Amazon, Penny, MediaMarkt‑Saturn and Otto.