Advertising campaign “Wetter-Wette” – furniture store wins before the Federal Administrative Court with the help of Noerr

The advertising campaign “Wetter-Wette” of the Mahler furniture store is not a public game of chance. That was decided yesterday by the Federal Administrative Court which followed the argumentation of Rechtsanwalt Christian Mayer of the commercial law firm Noerr. Mayer successfully represented the furniture store in the proceedings before the Federal Administrative Court as well as in all previous instances in Baden-Württemberg and Bavaria (BVerwG 8 C 7.13, judgement of 9 July 2014).

The planned bet on the weather was classified by the Region Administrative Council Karlsruhe and the Government of Upper Palatinate as gambling subject to licence in the meaning of the State Treaty on Gambling. In this advertising campaign, each customer who spent at least  Euro 100 within a certain period in the Mahler stores would be refunded the purchase price if it rained on a certain specified day.

In the judgement on an appeal on a point of law of 9 July 2014, the Federal Administrative Court now also accepted the argumentation of Noerr lawyer Mayer and rejected the appeal. The customers in such a campaign do not pay a concealed charge for acquiring a chance of winning – as the authorities argued – but exclusively a purchase price for the goods. The judges emphasises that the customers intend to purchase the goods at market prices and were free to compare prices. In addition, there was no risk of losing since the customers naturally retained the goods purchased in any event.

Representing Möbel Mahler Einrichtungszentrum GmbH: Noerr LLP

Dr. Martin Diesbach (media law, Munich), Christian Alexander Mayer (gambling law, Munich)