{"id":68147,"date":"2017-01-11T06:34:30","date_gmt":"2017-01-11T04:34:30","guid":{"rendered":"https:\/\/www.lhr-law.de\/?p=68147"},"modified":"2024-10-24T09:08:23","modified_gmt":"2024-10-24T07:08:23","slug":"lhr-erwirkt-einstweilige-verfuegung-gegen-whirlpool-haendler-wegen-unzutreffender-werbung-als-langjaehrig-erfahrener-hersteller","status":"publish","type":"post","link":"https:\/\/www.lhr-law.de\/en\/magazine-en\/competition-law-antitrust-law\/lhr-erwirkt-einstweilige-verfuegung-gegen-whirlpool-haendler-wegen-unzutreffender-werbung-als-langjaehrig-erfahrener-hersteller\/","title":{"rendered":"LHR obtains preliminary injunction against Whirlpool dealer for inaccurate advertising as \u2018long-standing experienced manufacturer\u2019"},"content":{"rendered":"
\"Advertising
\u00a9 kamasigns \u2013 Fotolia.com<\/figcaption><\/figure>\n

At the request of Lampmann, Haberkamm & Rosenbaum Rechtsanw\u00e4lte (LHR), the Regional Court of Cologne (LG\u00a0K\u00f6ln, Beschluss\u00a0v. 10.1.2017, Az. 31 O 416\/16<\/a>) issued a settlement order<\/a> against a retailer of whirlpools and spas.<\/em><\/p>\n

This prohibits the dealer from describing himself as a manufacturer or specialised dealer with many years of experience.<\/p>\n

In the event of infringement, a fine of up to \u20ac 250,000 or up to six months’ imprisonment may be imposed.<\/p>\n

The decision was issued by way of a decision order<\/a>. A final decision is reserved for proceedings on the merits. Unless the retailer recognises the ruling as a final ruling.<\/p>\n

The Cologne Regional Court thus followed the competitor’s argument that the specific advertising of experience was misleading.<\/p>\n

Customers are led to believe by the statement \u2018long-standing experienced manufacturer\u2019 that the company is a particularly experienced and therefore competent market player. However, the statement was not accurate as the competitor had only been in existence for a few years in the form of a limited company and it was doubtful whether the whirlpools on offer were actually manufactured by the company or whether they were merely commissioned productions.<\/p>\n

In addition to the claim for injunctive relief, there are claims for damages, which the represented retailer will assert in separate proceedings.<\/p>\n

Update 16.11.2018<\/h2>\n