Observed Signal · Apr 16, 2026 · Court Ruling · Source: Manager Magazin · Impact: 2/5 · Sentiment: Neutral
Court Allows Penny's App-Only Discounts
The Higher Regional Court (Oberlandesgericht) in Hamm dismissed a vzbv injunction seeking to stop Penny from advertising discounts that are only redeemable via the retailer's app. The court (13th Civil Senate, case Az. I-13 UKl 7/25) found insufficient evidence that app-only discounts constitute unlawful discrimination under the General Equal Treatment Act, noting that lower internet and smartphone use among older people alone does not prove discrimination. The court permitted a revision to the Federal Court of Justice (Bundesgerichtshof). Consumer advocates said they will review the judgment before deciding on an appeal. A similar suit against Netto was earlier rejected by the OLG Bamberg.
Clarifies legal standing of app-only retail promotions; relevant to retailer loyalty/marketing practices and potential consumer litigation.
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Key Takeaways & Evidence Grounding
- Oberlandesgericht Hamm (13th Civil Senate) dismissed vzbv's claim against Penny (Az. I-13 UKl 7/25).
- Penny had advertised a fruit yogurt with a discount of up to 52% available only to registered app customers.
- The Verbraucherzentrale-Bundesverband (vzbv) argued app-only discounts discriminate against older, disabled or younger people under the General Equal Treatment Act.
- The court found insufficient evidence of unlawful discrimination and allowed revision to the Federal Court of Justice (Bundesgerichtshof).
- A similar lawsuit against the discounter Netto was earlier dismissed by the Oberlandesgericht Bamberg; revision was not permitted in that case.
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Recent verified developments and strategic activity across this market segment.
Court hears discrimination case over Lidl Plus app
The Brandenburg Higher Regional Court is set to hear a case concerning the Lidl Plus app, which offers exclusive discounts to app users. Consumer advocates argue that such apps discriminate against customers who do not use them, violating principles of fair pricing. The case centers on whether offering app-only discounts constitutes unfair treatment of non-users. This legal challenge is part of a broader debate over retailer loyalty apps and their impact on pricing transparency and consumer equality. The outcome could set a precedent for how retailers structure promotional offers in Germany, potentially affecting similar apps across the food retail sector. The hearing is scheduled for the day after the article's publication.
Netto Faces Legal Defeat Over Price Advertising
German discounter Netto faces a likely legal setback under the Preisangabenverordnung after using footnotes in its leaflet that consumer advocates say obscure price information. Verbraucherzentrale Baden-Württemberg has brought enforcement action against what it calls insufficient price advertising, continuing a pattern of challenges that has prompted courts to scrutinize promotional price displays. The article — first published by Hanno Bender in Lebensmittelzeitung (DFV Mediengruppe) on 2026-07-09 and republished in Horizont on 2026-07-12 — notes that the Frankfurt regional court previously ruled against Samsung over UVP/MSRP declarations and that retailers such as Aldi Süd and Lidl have been required to change or faced suits over leaflet price advertising. The coverage highlights ongoing legal pressure on retailers to make leaflet and promotional prices clear and compliant.
Court Rules Against 324,000 Plaintiffs Over Prime Video Ads
The Bavarian Higher Regional Court dismissed for now the Verbraucherzentrale Sachsen’s class action against Amazon over the introduction of advertising on Prime Video, publishing its decision on 17 July 2026. About 330,000 consumers had joined the suit. The court found Prime Video’s contractual terms permitted the introduction of limited ad breaks, rejected a general claim for damages and declared parts of the collective claim inadmissible under the Verbraucherrechtedurchsetzungsgesetz. Amazon had informed customers in early 2024 that ads would be shown by default from 5 February 2024 and offered an ad‑free option for about €3 per month. The ruling is not final: the Verbraucherzentrale plans to appeal to the Federal Court of Justice, and a separate Abschöpfungsklage (disgorgement action) and other related proceedings remain pending and could take years.
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