TL;DR
- A crossed-out price is legal only when it references a genuine, clearly identified earlier price; "29 € instead of 39 €" must state what 39 € was
- The Mondpreis trap: inflating a price for a few days to cross it out is misleading and anticompetitive under §5 UWG
- UVP comparisons are allowed but carry the highest warning risk, because displayed UVPs go stale when the manufacturer changes its recommendation
- The 2024 BGH ruling (I ZR 80/23) requires the reference price next to the advertised price on every surface, banner and ad included, not in a footnote
- There is no fixed period for how long the old price must have been charged, so a timestamped price history is your best protection against an Abmahnung
A crossed-out price is legal in Germany only when it references a genuine, clearly identified earlier price. Get the reference wrong and you have built a Mondpreis, which is the most common reason shops receive an Abmahnung. This guide covers the three references you can use, the trap that catches most merchants, and a short checklist to stay clean.
What a strikethrough price must reference
When you cross out a price, the consumer has to understand what the higher number means. German courts accept three references, each with its own condition:
| Reference | Allowed? | Condition |
|---|---|---|
| Your own former price | Yes | Must have been charged for a sufficient period; for reductions, show the 30-day lowest price |
| Manufacturer recommended price (UVP) | Yes, higher risk | Must match the current manufacturer list and be labelled as UVP |
| A future or "regular" price you do not yet charge | Rarely | Only with a clear, truthful explanation; easy to get wrong |
The label has to be unambiguous. "29 € instead of 39 €" leaves the reader guessing what 39 € was. "29 €, previously 39 €" or "29 €, lowest price in the last 30 days: 39 €" states it plainly.
The Mondpreis trap under §5 UWG
A Mondpreis is a dummy price you cross out but never seriously charged. If you lift a product to 49 € for three days, then advertise "now 29 € instead of 49 €", the 49 € is a moon price and the comparison is misleading under §5 of the Act Against Unfair Competition (UWG). Courts assess whether the original price was charged long enough to be real, judged per product and market. There is no fixed number of days, which is exactly why a documented price history protects you.
UVP comparisons: allowed but the riskiest option
Advertising against the manufacturer UVP is legal, but it carries the most warning risk in practice. Online retailers often miss when a manufacturer changes its recommendation, so the UVP you display goes stale and the comparison becomes inaccurate. If you use UVP, label it as the manufacturer recommendation and check it against the current list before a sale.
Where the rule applies: not just the product page
The reference price obligation follows the advertising, not the page. A homepage banner, a collection page, a paid ad, and an email all count. The 2024 BGH ruling (case I ZR 80/23) confirmed that for reductions the reference price has to sit next to the advertised price, not in a footnote. A correct product page does not rescue a banner that shows only a percentage.
How to avoid a strikethrough Abmahnung
- State plainly what the crossed-out price is (former own price, 30-day low, or UVP).
- For reductions, show the lowest price of the previous 30 days, per §11 PAngV.
- Never lift a price briefly only to cross it out. That is a Mondpreis.
- Keep a timestamped price history you can produce if a warning lands.
- Check UVPs against the current manufacturer list before each campaign.
- Apply the reference to every surface: banner, ad, email, product page.
How Heartly prevents Mondpreis mistakes
Heartly logs every price change with a timestamp, so the reference price on a flash sale page is your genuine 30-day low, calculated automatically rather than typed in by hand. The full history stays per product, which gives you the audit trail to answer an Abmahnung. The deeper legal background is in the PAngV §11 guide and the Omnibus Directive explainer. For the seasonal angle, see Black Friday Discounts and German Law.
Frequently Asked Questions
Are crossed-out prices legal in Germany?
Yes, when the crossed-out price references a genuine, clearly identified earlier price. For a reduction, that reference must be your 30-day lowest price under §11 PAngV. Crossing out a price you never seriously charged is a Mondpreis and is illegal under §5 UWG.
What is a Mondpreis?
A Mondpreis (moon price) is an inflated reference price you display but never genuinely charged, usually lifted for a few days to make a discount look bigger. The comparison is misleading and anticompetitive under §5 UWG.
How long must the old price have been charged?
There is no fixed period. Courts judge whether the price was charged long enough to be genuine, based on the product and market. Because the test is case by case, a documented, timestamped price history is the best protection.
Can I advertise with the manufacturer UVP?
Yes, but it carries the highest warning risk. The displayed UVP must match the current manufacturer list and be labelled as the recommendation. Outdated UVPs are a frequent Abmahnung trigger.
Does the reference price need to appear in ads and banners?
Yes. The obligation follows the advertising. The 2024 BGH ruling confirmed the reference price must sit next to the advertised price on every surface, not in a footnote, and a correct product page does not fix a non-compliant banner.
This article is information, not legal advice. For a specific case, consult a lawyer for German e-commerce law.