Facts
The case concerns a senior employee ([R.]) of a furniture company who advertised in newspaper ads for remnants (carpet remnants) with the note "Giant Remnant Market Reductions up to 92%". The District Court of Lenzburg initially acquitted [R.], but the High Court of the Canton of Aargau convicted him of repeated violation of Art. 17 of the Price Disclosure Ordinance (PBV) and imposed a fine of 200 Swiss francs.
[R.] then filed a nullity appeal with the Federal Supreme Court, requesting that the judgment of the High Court be overturned and the matter be remanded to the lower court for his acquittal.
Considerations
The Federal Supreme Court dismissed the nullity appeal. It stated that the indication "Reductions up to 92%" without simultaneous disclosure of the actual prices to be paid and precise designation of the offered goods violates Art. 17 PBV. "Quantified references to price reductions" within the meaning of Art. 17 para. 1 PBV are to be understood as statements such as "half price", "30% discount", "20 francs cheaper", etc. The obligation to disclose prices and to specify them does not exist according to Art. 17 PBV if the same reduction rate applies to several products or if a numerical indication of the…