Court exiled banner advertising from children’s games page if banners stand out on the Internet not from the editorial section of the page, they can apply as disguised advertising and be thus inadmissible. The higher regional court (OLG) Cologne has stated such banner advertising on a gaming portal for illegal in a judgment (OLG Cologne, judgment of 12 April 2013, AZ 6 U 132/12). On the same portal standard, free games of upstream commercials the OLG not objected, however. The Federal Association of consumer centres and consumer associations had been brought. The Association turned its injunction against two banners and the control gear commercials in the game portal. The portal is financed through advertising revenues and provides online games free to Internet users of all ages. Specifically, it was about advertising, which was located on the base of “Girl games” and “Children’s games” dispute.
The banner advertisement was veiled during the ballast advertising an unacceptable disturbance for the young portal users constitute the position of the consumer association. The Cologne regional court dismissed the action. In the appeal, gave the Court of appeal the applicant Association then but partially right and evaluated the two banners as inadmissible. The offending banner ads were each between on the pages of “Children’s games” and “Girl games” offered browser games. In one case, the question was standing next to a button: “you have an idea of what you can do?” A man before an shark fin out of water was pictured.
In the other case it was called along with an animation and a “click here” button: “Discover more great anniversary deals”. With two banners, the word “Advertising” found each on the upper left as white font on a blue background of the page. The Court ruled that the banner ads were the child’s target group not significantly enough from the offered games separated.