Legal basis
Article 6a of Directive 98/6/EC, the Commission guidance and the CJEU ruling behind OmniBuzz, with sources and country notes.
This is not legal advice. This page summarizes the rules as the authors of OmniBuzz understand them and records the decisions the app takes. National law differs, some points below are marked as unverified, and OmniBuzz cannot make a store compliant on its own. Check the rules that apply to you and talk to a lawyer before relying on them.
The rule
The price reduction rule is Article 6a of the Price Indication Directive 98/6/EC. The Omnibus Directive (EU) 2019/2161 inserted it. In short:
- Any announcement of a price reduction must indicate the prior price applied by the trader for a determined period of time before the reduction. (Art. 6a(1))
- The prior price is the lowest price the trader applied during a period of not less than 30 days before the reduction. (Art. 6a(2))
Three options are left to member states:
| Article | Option | Notes |
|---|---|---|
| 6a(3) | Different rules, or an exemption, for goods that can deteriorate or expire rapidly | Seasonal clothing does not qualify. |
| 6a(4) | A shorter period for goods on the market for less than 30 days | The member state sets the period or lets traders set and disclose it. A full exemption is not allowed. |
| 6a(5) | In one uninterrupted campaign whose reduction deepens, the prior price may stay at the price before the first reduction | Read narrowly. Separate campaigns do not qualify. |
Guidance and case law
- Commission Notice 2021/C 526/02. The Commission’s guidance on the interpretation and application of Article 6a. It says, among other things, that a longer look-back window is allowed, that earlier promotional prices inside the window count, and that a price raised shortly before a sale is not a valid reference.
- CJEU, C-330/23, Aldi Süd, 26 September 2024. A reduction announced as a percentage, or as a statement that stresses an advantageous price, must be calculated from the prior price, meaning the lowest price in the 30 days before the reduction. The Court also held that the selling price of a product presented as reduced cannot be the same as the prior price or higher than it.
- Unfair Commercial Practices Directive 2005/29/EC. It stays in force. Misleading claims about a price advantage can be assessed under it, and “best price” claims, comparisons with a recommended retail price, and bundle offers fall under it rather than Article 6a.
What is in scope
In scope of Article 6a: “-20%”, “€10 off”, “now 50, was 100”, crossed-out prices, labels that suggest a reduction such as “sale” or “Black Friday deal”, and publicly available discount codes.
Out of scope of Article 6a: “best price” claims with no reduction implied, comparisons with a recommended retail price or with competitors, conditional or bundle offers, personalized loyalty rewards, and services and digital content.
Where it applies
Article 6a applies in the 27 EU member states and, through the EEA Agreement, in Iceland, Liechtenstein and Norway. It does not apply in Switzerland or the United Kingdom, where national price rules apply instead. OmniBuzz turns labels on by default only for markets that include at least one of those 30 countries.
What OmniBuzz does and does not do
OmniBuzz computes the prior price from your own price history, shows it next to a discounted price, and calculates percentages from it. See How the prior price is calculated. It does not decide whether your promotion is lawful, does not model national exemptions for perishable goods, and cannot see prices you charged before you installed it.
Country notes
Only Germany was checked against primary text, and only for one section. Every other row is unverified or not researched. Do not rely on this table.
| Country | National provision | Notes |
|---|---|---|
| Germany | Section 11 PAngV | Lowest total price in the last 30 days. The progressive option exists in section 11(2), and an exemption exists for goods about to spoil or expire if clearly marked (section 11(4) no. 2). Primary text read. |
| Italy | Art. 17-bis Codice del Consumo (d.lgs. 26/2023) | Lowest price offered to the general public in the last 30 days. Reportedly allows progressive reductions and shorter periods for new goods. Based on secondary sources, unverified. |
| France | Not researched | |
| Poland | Not researched | |
| Other member states | Not researched | The Commission’s implementation report COM(2024) 258 was not read. |