A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button “shipping and payment options”.

Cologne, NRW -- (SBWire) -- 04/15/2013 --GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London http://www.grprainer.com/en explain: With its ruling of 3 July 2012 (17 O 76/12), the Bochum Regional Court (LG) decided that the notice of the sales tax of an article offered online under the tab “shipping and payment options” did not fulfil the legal requirements. The notice of the sales tax only becomes visible if the tab is clicked on, so the offer can be retrieved without the notice becoming visible. Consequently, the order transaction can also be initiated without the notice becoming visible.

According to the Regulation on the Marking of Prices (Preisangabenverordnung), it must be pointed out with respect to commercial purchase offers for end consumers that the price includes sales tax. A direct spatial connection is not necessary, but it must be possible in particular for the indication to be unambiguously attributed to the offer, as well as easy to recognise, clearly legible and also otherwise sufficiently noticeable. Most importantly, the notice must be necessarily retrieved before the order transaction is initiated.

Accordingly, if a business only makes the notice of sales tax visible on a website after the button “shipping and payment options” has been clicked on, then the notice does not fulfil the requirements according to the Regulation on the Marking of Prices and the business is acting anti-competitively.

The right to proceed against a competition violation is anchored in the UWG. A business may be entitled to a direct right to sue in a multitude of cases. The businesses affected by unfair competition can have injunctive relief as well as an action for restitution of the profit acquired by unfair competition vis-à-vis the competing business. Furthermore, claims for damages could exist.

A lawyer active in the field of competition law can comprehensively examine the circumstances of a case and rapidly enforce possible claims. In order to effectively protect against unfair competition, a speedy approach is absolutely necessary.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

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GRP Rainer LLP
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Phone: +49 221-27 22 75-0
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