The Higher Regional Court (OLG) in Brandenburg an der Havel has rejected a lawsuit filed against the discount retailer Lidl’s discount application. An OLG judge stated on Tuesday that the court lacked “subject matter jurisdiction” because the claim was based on the General Equal Treatment Act, which is not aimed at consumer protection.
The German Consumer Federation (Verbraucherzentrale Bundesverband) had sued over the “Lidl Plus” app, arguing that the discount system constituted discrimination within the promotions. The consumer advocates contended that the discounts available through the app discriminated against older, disabled, or younger people because these groups often do not own smartphones and therefore cannot use the application. The plaintiffs demanded that Lidl stop offering discounts exclusively via the app.
However, the Higher Regional Court pointed out that local district courts are initially responsible for consumer protection matters. Similar lawsuits had previously been filed against other discounters, such as Netto and Penny, but these too were dismissed. These rulings are not yet legally final, and an appeal has been permitted. The Federal Court of Justice will now need to address the issue, though no hearing date has been set. Lidl defended its app, presenting it as a voluntary supplementary offering that provides customers with price advantages and digital services. In exchange, businesses receive analytical data about their customers through such apps.
