If a dealer advertises that a vehicle is available “immediately”, the vehicle must not be handed over five and a half months later.
In the underlying case, a car dealership advertised an Opel Mokka-e Edition at a price of 21,980 euros on a vehicle exchange. In addition to a detailed description of the equipment features and a mileage of 4,990 km, the dealer indicated the availability as “immediately”.
An interested party was informed in writing in mid-October that the car was registered as a demonstration vehicle at the dealership and could therefore only be handed over from the end of March 2022. The state subsidy has already been applied for by the dealership and has been deducted from the purchase price.
Misleading price advertising with an environmental bonus
From the point of view of the competition authority, such advertising of vehicles with immediate availability violates the prohibition of misleading competition law (Section 5 (1) No. 1 UWG). Because the handover takes place a good five and a half months later than specified. Having pointed out the violation of competition law, the legally represented automobile dealer issued a declaration of cease and desist with criminal penalties.
“The case clearly shows what flowers the sales of e-vehicles are driving”, says attorney Andreas Ottofülling from the competition headquarters. “Even if retailers are currently unable to deliver enough vehicles at short notice, individual dealers have to be ‘caught’ if they improperly acquire buyers.”
In connection with the environmental bonus, the competition center has repeatedly taken action against misleading price advertising in recent months.
From the data center: