OGH had to decide whether low price advertising of a no-frills airline was misleading. Plaintiff (another airline) claimed that defendant was promoting low price ticktes on his website although these tickets were not avialable on each flight, sometimes not even over the period open for online-booking, or only available for the outward but not the return flight. Plaintiff therefore moved for interim injuncion to interdict such misleading advertising. OGH held that consumers concerned were well aware that flight seats are sold at different fares and categories and they therefore knew that the cheapest fares normally have to be booked several months in advance. However, OGH prohibited to advertise low fares on the website if, over the period bookable there, no flight could be booked at these fares at all (but at higher fares only) or only outward but no return flights were available for booking (OGH 20.04.2006, 4 Ob 265/05g)(Originally posted by Michael Wukoschitz)
