April 21, 2026, 6:23 am | Read time: 2 minutes
The Higher Regional Court of Hamm has ruled that Penny can continue offering discounts exclusively available through an app. This decision dismissed a lawsuit from the Federation of German Consumer Organizations (vzbv). The focus was on a fruit yogurt advertised with a discount of up to 52 percent, which was only available to those registered in the app.
The discount retailer can thus continue its strategy of linking price advantages to the use of the digital application. For consumers, this means certain offers remain accessible only through the app.
Court Sees No Discrimination
Consumer advocates argued that such app-bound discounts could disadvantage certain groups, particularly older people or those with limited digital experience. However, the court did not agree with this assessment.
The judges believe there is insufficient evidence of discrimination based on age or potential disability. An appeal was allowed, leaving the legal dispute fundamentally open.
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Reactions and Further Proceedings in Retail
The vzbv expressed disappointment with the ruling and is considering further legal action. If an appeal is filed, the Federal Court of Justice would handle the case. Penny viewed the decision positively and sees its strategy as validated.
For consumer advocates, this marks the second defeat in similar cases. Already in March 2026, a lawsuit against Netto failed at the Higher Regional Court of Bamberg. Additionally, another case against Lidl is set to be heard in September 2026.
Also of interest: Consumer Center Warns Against Pension Portals on the Internet
Discount Apps in Consumers’ Daily Lives
For retail companies, apps are crucial tools for customer retention. Discounts are often tied to usage and the sharing of usage data. According to a study by IFH Cologne, more than 90 percent of consumers use bonus apps, averaging more than four simultaneously.
Many regularly switch between different applications to take advantage of price benefits. However, the actual savings effect, according to an analysis by Smhaggle, is minimal, averaging around 1 percent. At the same time, opinions are divided. According to YouGov, 28 percent of respondents view app-exclusive discounts critically.