Bamberg Higher Regional Court has dismissed the lawsuit by the Federation of German Consumer Organisations against Netto Marken-Discount's extra app discounts. The court found no discrimination against the elderly or children. No revision was permitted.
Bamberg Higher Regional Court's 3rd Civil Senate dismissed the injunction lawsuit by the Federation of German Consumer Organisations (VZBV) against Netto Marken-Discount. The discounter can continue offering discounts redeemable only via the Netto plus app, such as a '15 percent off everything' extra deal promoted in a flyer. The VZBV argued this violated the General Equal Treatment Act and disadvantaged the elderly, children, or disabled who might not use or be allowed apps. The court found no discrimination: the app is available to all from age 14, and providers need not accommodate individual abilities. Presiding Judge Carsten Sellnow called it a 'clear case'. Visually impaired people might even handle the app better than print ads, it noted. No revision allowed, but a non-admission complaint is possible; the ruling is not final. VZBV spokesperson Susanne Einsiedler expressed disappointment: 'We naturally would have preferred a different decision. We will now review the reasons for the judgment and decide on further action.' Netto welcomed it: 'The judgment confirms that Netto Marken-Discount grants additional price advantages via the Netto plus app equally to all customers.' The VZBV is suing other discounters, like Penny in April and Lidl in September. VZBV board member Ramona Pop said: 'Everyday consumer life is expensive enough.' A February 2025 YouGov poll shows 41 percent support exclusive app discounts, 40 percent oppose. NIQ data indicates two-thirds of households use retailer apps.
