Price indication regulation
|Title:||Price indication regulation|
|Previous title:||Price Labeling Ordinance|
|Scope:||Federal Republic of Germany|
|Issued on the basis of:||§ 1 PAngG,
§ 8 Abs. 1 Nr. 9 EichG
|Legal matter:||Commercial administrative law|
|Original version from:||September 18, 1969
( Federal Law Gazette I p. 1733 )
|Entry into force on:||January 1, 1970|
|New announcement from:||October 18, 2002
( BGBl. I p. 4197 )
|Last revision from:||March 14, 1985
( BGBl. I p. 580 )
|Entry into force of the
new version on:
|predominantly May 1, 1985|
|Last change by:||
Art. 5 G of July 17, 2017
( Federal Law Gazette I p. 2394, 2408 )
|Effective date of the
|July 1, 2018
(Art. 7 G of July 17, 2017)
|Please note the note on the applicable legal version.|
The Price Indication Ordinance ( PAngV ) is a German consumer protection ordinance that has been in force since 1985, with changes made in the meantime. It determines, among other things, how the price for the offering of goods or services is to be stated in relation to the end consumer, provided that the offer is made commercially or in a regular manner.
The purpose of the Price Indication Ordinance is to ensure that the price is true and price clear by providing factually accurate and complete consumer information and to strengthen the position of consumers vis-à-vis trade and commerce and to promote competition through optimal price comparison options.
Among other things, the Price Indication Ordinance stipulates that prices to end consumers must always include sales tax and other price components (final prices). The mere indication of net prices - also with additions such as “plus the statutory value added tax "- towards end consumers is therefore not permitted. Furthermore, in many cases basic prices have to be specified, as they are known from the grocery shelf in the supermarket, where in addition to the final prices of the goods, the prices, converted to the usual basic unit (liter, kilogram, meter, etc.) are given.
In the case of online offers, the Price Indication Ordinance results in the obligation to state that sales tax is included in the price and the amount of additional shipping costs ( Section 1, Paragraph 2, PAngV).
Furthermore, the Price Indication Ordinance obliges banks to list all relevant prices and costs in offers and loan contracts . In addition, the effective interest rate for the comparability of financing must be specified in the private customer business .
The rules of price regulation are intended in the interest of market participants , the market conduct to regulate. For this reason, a violation of the Price Indication Ordinance generally also constitutes a violation of the law against unfair competition (UWG) ( Section 3 (1) and Section 3a UWG). This can be pursued, among other things, by competitors, associations promoting the commercial interests of its members or by consumer protection associations. In addition, a violation of the Price Indication Ordinance is often accompanied by a violation of the prohibition of misleading advertising resulting from § 5 UWG . In the event of violations of the Price Indication Ordinance, fines of up to EUR 25,000 may also be considered, Section 3 (2) of the Economic Criminal Law .
Price labeling is also regulated in the Price Indication Ordinance. Section 4 of the regulation states that goods displayed on shelves must be marked with a price. The retailer is not permitted to give a recommended retail price for this type of goods on display. This is to ensure that the price is true and price clear. In a large number of publications on the subject of price labeling, contrary to the regulation, the opposite is claimed. Even consumer protection centers (e.g. Thuringian consumer protection center in the Thüringer Allgemeine) claim that the price of the cash register is decisive and that the price of the goods is only a non-binding offer. This also shows the explosiveness of the topic, in which the entrepreneurial risk and consumer protection wrestle for the public opinion, often to the detriment of the latter.
- Stefan Völker: Price Indication Law. Right of price quotations and price advertising. With PAngV and UWG . 2nd Edition. CH Beck, Munich 2002, ISBN 3-406-49130-8 .
- also commented on in most of the comments on the UWG
- Text of the regulation
- Hermann-Josef Omsels: Commentary on the Price Indication Ordinance as part of the online commentary on competition law