Germany - Outdoor Advertising Case

A Regional Court ruled that a gas station violated Germany's Tobacco Products Act by displaying tobacco and e-cigarette advertisements visible from outside the sales area, constituting a form of prohibited outdoor advertising. The court rejected the gas station's operator's claim to qualify as a specialized tobacco retailer and ordered the cessation of such advertisements. Further, the court imposed a potential fine of up to 250,000 Euros per violation or imprisonment of up to six months for non-compliance.  

 

X [Consumer Protection Association] v. X [Gas Station], Stuttgart Higher Regional Court 2nd Civil Senate (2024).

  • Germany
  • Aug 1, 2024
  • Stuttgart Higher Regional Court 2nd Civil Senate
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Parties

Plaintiff X [A consumer protection association]

Defendant X [A gas station]

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"A gas station is not generally understood to be a specialist retail outlet for tobacco products. Its primary purpose is to supply the public with vehicle fuels. Over time, the sale of travel supplies (drinks, candy, etc.) and items that may be required on short notice for safe operation of a motor vehicle and that drivers themselves can handle (e.g. motor oil) have been added. This customization allows gas stations to also sell their product range outside the regular, legally restricted store opening hours.46 The injunction defendant, obligated to present and substantiate the facts required for the exception, has presented nothing to show that its gas station is specialized as would be expected of a specialist retailer..."