“Basic price to be indicated for pre-packages with concentrates and powdery contents” – Dr. Rudolf Böckenholt on the judgement of the VG Berlin in a new GRUR-Prax article

In issue 8/2021 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht / Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOEHMERT partner and attorney at law Dr. Rudolf Böckenholt discusses a judgement of the Berlin Administrative Court of 23.02.2021 (VG 4 86.19, BeckRS 2021, 4332) on the mandatory indication of a basic price also for pre-packaged dry powders.

The court found that the indication of a basic price was in principle dependent on the fact that a product was offered by weight, volume, length or surface. However, it was not only the goods (in the sense of the dry mass) that mattered, but also labelling obligations due to other statutory requirement.

Accordingly, not only the dry mass was to be taken into account, but also the volume of the ready-to-eat preparation or the mass of the liquid required for preparation according to s. 20 II FPackV. Based on these values, a basic price had to be indicated.

The article by Dr. Böckenholt is available in German in the printed edition of GRUR-Prax 8/2021 of 21.04.2021 on page 242 or for subscribers of Beck-Online under the reference GRUR 2021, 242.