The German retailer who brought a high-profile case against Deuter Sport relating to selective distribution in Germany, has approached the German Supreme Court (Bundesgerichtshof) about an appeal against the verdict issued by the higher regional court of Frankfurt (Oberlandesgericht) in December. It decided that Deuter should be allowed not to deliver to retailers who sell their products through marketplaces such as Amazon, but found it unacceptable from a competition standpoint to prohibit promotion of the products through price comparison websites by authorized retailers. That decision overruled an earlier verdict from the regional court in Frankfurt in June 2014, which found that the interests of selective distribution could not allow suppliers to prevent authorized retailers from selling their products through third party online marketplaces. An appeal could bring more certainty for all sides about the legal framework around some aspects of online distribution in Germany – and perhaps in Europe, since the Supreme Court may then put specific questions to the European Court of Justice (ECJ). The retailer apparently approached the Bundesgerichtshof in order to keep this remedy open but it has until the end of April to found its appeal or to withdraw it.

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