Overview
- The Higher Regional Court in Hamm, which ruled Thursday, rejected the consumer group's bid to block Penny’s app-only discounts.
- Judges said there was no proven bias based on age or disability under Germany’s equal treatment law because the evidence only showed lower internet use among older people.
- The panel allowed a revision to the Federal Court, and the consumer group said it will review the reasoning before deciding on an appeal.
- The decision comes after a March loss for the group in a similar case against Netto, with a related Lidl case scheduled for September at the Brandenburg higher court.
- Penny welcomed the ruling and said about seven million customers use its app, while the consumer group is also suing over “free” app claims that it says mask a trade in personal data for discounts.