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CJEU: announced price reductions must be calculated from the lowest price in the prior 30 days; merely stating the prior price is insufficient (Aldi)

Published on: 03 October 2024

Published by a LexisNexis EU Law expert
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Article summary

‘Prior price’ reference for price reduction announcements (Verbraucherzentrale Baden-Wurttemberg eV v Aldi Sud Dienstleistungs SE & Co OHG)

Verbraucherzentrale Baden-Württemberg eV v Aldi Süd Dienstleistungs SE & Co OHG, Case C‑330/23

What are the practical implications of this case?

Price reduction announcements are a potent marketing lever that can prompt consumers to buy. EU rules aim to deter misleading behaviour by requiring that any claim of a price cut must state the prior price charged by the trader for a defined period before the reduction is applied. The prior price is the lowest amount charged by the trader during a period of not less than 30 days preceding the implementation of the reduction. The reason for this minimum 30‑day reference window is to stop traders tinkering with prices and presenting fictitious reductions, for example by raising the price briefly and then lowering it while portraying the change as a (significant) discount that misleads consumers...

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