Judgment: OLG Hamburg classifies testsieger advertising of 1 & 1 as misleading

Testieger advertising of 1 & 1 misleading – The connect tests have in the last years for an advertising-effective strike exchange between the Telekom and 1 & 1 provided. As the Oberlandesgericht Hamburg decided, a 1 & 1 advertising from the year 2016, which related to a connect testsieg, was however misleading and therefore not permissible

1&1 vs. Telekom

The results of the connect fixed network and mobile tests enjoy a high reputation in the industry. It is no wonder that the providers like to advertise with them, if they could decide one of the tests for themselves. In recent years, this has led to a commercial strike exchange between 1 & 1 and Telekom.

The provider 1 & 1 in 2016 among other things with the slogan “at 1 & 1 gives it the best network” and related a test victory in the connect Festnetztest. As the Oberlandesgericht Hamburg under the file  3 U 253/16 decided and the law firm Dr. According to Bahr, the judges classify this statement as misleading.

Advertising slogan was misleading

As a reason, the OLG stated that the test, unlike the advertising message suggests, was not done at the end of the network, but at the respective router. Concretely at the Fritz box 7490 of the manufacturer AVM. Customers can also book other routers at 1 & 1, such as a cable modem or a WLAN router, which have significantly lower performance features.

“Through the nature and sequence of advertising, the viewer assumes that the product presented following the test result is exactly what has been verified,” it says. However, they do not exactly the case, since the subsequently advertised product for 9.99 euros a different router and thus other performance features.

The Court of First Instance found the misleading justified by the fact that the customer does not have to assume that he must first make a charge for the product in order to obtain the product to which the test and slogan in the advertisement relate.

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