For quite a while, the association Verband Deutscher Mineralbrunnen e.V. (VDM) has been trying to prevent water suppliers from calling their tap water “healthy” when providing customers with information. The Higher Regional Court of Munich explicitly allowed the water supplier to do so last year. The corresponding complaint against denial of leave to appeal before the Federal Court of Justice remained unsuccessful, which means the decision of the Higher Regional Court is now final and binding. The Federal Court of Justice thus also confirmed that meeting the statutory duty to provide information does not constitute a commercial practice.
“It is good news that the Federal Court of Justice has now clarified the legal question so that water suppliers can now meet their statutory duties to provide information without running the risk of receiving a warning from their competitors,” says BBH partner and lawyer Stefan Wollschläger, who represented the water supplier in the complaint procedure.
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