Brandenburg Higher Regional Court dismisses lawsuit against Lidl Plus app

The Federal Association of Consumer Organizations (VZBV) sees discount apps from discounters as discrimination and has therefore sued Lidl and its “Lidl Plus” app. However, in the trial surrounding discounts on the grocer's app, the Higher Regional Court in Brandenburg an der Havel has now dismissed the lawsuit. “We are not technically responsible,” said the judge when justifying the decision.

The judge explained that the plaintiff had demanded that Lidl stop offering discounts via the app. From the perspective of consumer advocates, the discounts violated the principle of equal treatment and discriminated against older, disabled or younger people.

The Higher Regional Court is responsible for consumer protection issues. In their lawsuit, however, the consumer advocates referred to the General Equal Treatment Act. This is about discrimination “in the establishment, implementation and termination of civil law obligations”. The court made it clear that the relevant passage of the law was not aimed at consumer protection. The judge said that the matter therefore did not belong in the first instance before the Higher Regional Court. The regional courts are initially responsible for consumer protection.

Similar lawsuits against Penny and Netto

The consumer advocates recently took similar action against the discounters Netto and Penny. However, these lawsuits were dismissed due, among other things, to a lack of evidence. The judgments are not yet legally binding. An appeal was allowed. Now the Federal Court of Justice must deal with the issue. A trial date has not yet been set.

Lidl defended the app. "The free Lidl Plus app is a voluntary, additional offer with which our customers can benefit from further price advantages and digital services in addition to the regular branch prices," said a company spokesman. “Please understand that we do not comment on ongoing legal proceedings.”

For retailers and customers, the apps are a kind of barter transaction. Registered customers often receive exclusive benefits. In return, retailers ideally gain more loyal customers and their data. This allows them to better analyze purchasing behavior, address target groups more specifically and possibly influence purchasing decisions. Retailers like Lidl and Rewe therefore know their customers better from the perspective of industry experts.