Facts
In this case, it concerns advertising for a car leasing offer, in which the marketing manager of company A. advertised on a poster at Giesshübel station in Zurich with the text "0.9% LEASING PLUS". The Office of the Attorney General of the Canton of Zurich and the Federal Prosecutor's Office filed appeals against the acquittal of the marketing manager by the High Court of the Canton of Zurich.
Considerations
The Federal Supreme Court dismissed the appeals. It concluded that the advertising "0.9%-LEASING PLUS" does not constitute a price disclosure within the meaning of Art. 17 UCA and Art. 13 PBO. The advertised interest rate is merely a parameter for calculating the actual price to be paid, which is not covered by the price disclosure obligation.
The Federal Supreme Court stated that the price in a leasing transaction consists of various factors such as acquisition costs, financing costs and residual value. The consumer knows that the pricing of a leasing contract depends on several elements. A comparative price assessment based solely on…