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The Higher Regional Court in Brandenburg an der Havel dismissed the Federation of German Consumer Organisations’ lawsuit challenging discounts offered through Lidl’s Lidl Plus app. The ruling concerned which court could hear the case under the law cited; it did not decide whether the discounts discriminate against customers.
The Higher Regional Court in Brandenburg an der Havel has dismissed a lawsuit by the Federation of German Consumer Organisations over discounts offered through Lidl’s Lidl Plus app, saying it lacked jurisdiction over the case. The ruling addressed where the claim could be heard, rather than deciding whether the app’s discounts discriminate against some customers.
The consumer group, known by its German initials VZBV, had asked Lidl to stop offering discounts through the app. It argues that app-based discounts violate the principle of equal treatment and disadvantage older, disabled or younger people. Those are the plaintiff’s claims; the court did not resolve their merits in the ruling described by DER SPIEGEL.
The court said the VZBV relied on the General Equal Treatment Act, whose relevant provisions concern discrimination in establishing, carrying out or ending civil-law obligations. The judge said those provisions are not intended to address consumer protection. Although the Higher Regional Court handles consumer protection matters, the court said a consumer protection case of this kind should be heard first by a regional court.
Lidl defended the app as an optional service. A company spokesperson described Lidl Plus as a free service that gives customers access to additional price benefits and digital services alongside regular store prices. The spokesperson declined to comment further on the ongoing court proceedings.
The Ruling Leaves Fairness Unsettled
For customers, the immediate point is that the court’s dismissal does not establish whether Lidl Plus discounts are discriminatory. It turns on the court’s authority and the legal route the VZBV chose. The underlying dispute over equal access to discounts remains separate from that procedural decision.
The case also highlights a practical question about retail loyalty apps: whether customers who do not use an app can access the same offers as registered users. Retailers can use such programs to encourage repeat visits and gather information about buying patterns. The source describes these as potential business benefits, not as findings made by the court in this case.
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How Loyalty App Offers Work
Retailer apps commonly combine digital services with offers for registered customers. The source report describes this as an exchange: customers may receive exclusive benefits, while retailers can build loyalty and collect data that may help them analyze purchasing behavior, target groups and shape buying decisions.
The VZBV’s challenge concerns Lidl’s use of that model for discounts available through Lidl Plus. The source does not provide details about particular offers, how customers sign up, or which groups may be unable to use the app. The reported ruling therefore supplies a procedural development, not a broader assessment of app-based discounts.
““We do not have jurisdiction over the matter.””
— The judge, as quoted by DER SPIEGEL
Discrimination Claims Remain Unresolved
The reported decision does not say whether the VZBV’s claims about unequal treatment are valid. It is also unclear from the source whether the group plans to bring the case before a regional court, whether it can do so, or whether any further court proceedings have been filed. The report does not give the ruling date or a detailed account of the court’s written reasoning.
A Regional Court Could Hear Claims
The court said regional courts are responsible for consumer protection cases at first instance. The source does not report a next hearing, a new filing or a response from the VZBV about its plans. Any further action, and whether it would address the alleged unequal treatment on its merits, remains unconfirmed.
Key Questions
What did the court decide?
The Higher Regional Court in Brandenburg an der Havel dismissed the VZBV lawsuit, saying it lacked jurisdiction under the legal basis the group relied on.
Did the court rule that Lidl Plus discounts are fair?
No. The reported decision concerned which court could hear the case. It did not decide whether the discounts discriminate against customers.
What does the VZBV allege?
The consumer group argues that app-based discounts violate equal treatment and disadvantage older, disabled or younger people. Those remain the group’s allegations in the source report.
Why did the court say it lacked jurisdiction?
The VZBV relied on the General Equal Treatment Act. The judge said the relevant provisions were not intended to address consumer protection and that regional courts hear such cases at first instance.
What happens next?
The source does not say whether the VZBV will bring the case before a regional court or take another step. No next hearing is reported.
Source: rss
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