September 11, 2026, 3:45 pm | Read time: 2 minutes
A 61 percent discount on a bar of Milka chocolate sounded like a real bargain. But this advertising claim is now the subject of a court case.
The Hamburg Consumer Center filed an injunction against Aldi Nord on April 2, 2026 at the Bochum Regional Court. The background is a discount promotion for Milka chocolate from a flyer valid from December 15 to 20, 2025. In it, the discount retailer offered the chocolate for 77 cents and simultaneously advertised a savings of 61 percent.
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According to consumer advocates, this representation could mislead customers. Although the percentage is mathematically justifiable, it is not based on the previously demanded sales price. This point is now at the center of the proceedings.
The Calculation Behind the 61 Percent
Aldi Nord based the advertised savings on the manufacturer’s suggested retail price of 1.99 euros. Compared to this value, there is indeed a discount of about 61 percent. For consumers, this makes the offer appear significantly more attractive.
However, the Hamburg Consumer Center sees it differently. According to the court documents, Aldi had recently sold the chocolate for 99 cents. Compared to this price, the actual savings were only about 22 percent. Therefore, the question arises whether the advertising claim complies with legal requirements.
Ruling with Potential Signal Effect
Clear rules apply to price reductions in Germany. The Price Indication Ordinance stipulates that retailers must consider the lowest total price of the past 30 days in discount promotions. Additionally, the European Court of Justice ruled in 2024 that advertised percentage figures must also be based on this reference value.
It remains unclear whether these requirements also apply when a company compares its price with the manufacturer’s suggested retail price. If the consumer center succeeds in court, it could have consequences for numerous retailers. Such MSRP comparisons are commonplace in flyers and online shops. According to the “Lebensmittel Zeitung,” Aldi Nord declined to comment on the ongoing proceedings.