Until 2024, a common practice was to calculate the discount from the last price charged and advertise it prominently, with the 30-day lowest price somewhere in the small print. The Court of Justice of the EU ended that with its Aldi Süd ruling. Here is what was decided and what you should change in your shop.
The case: bananas and pineapples
The consumer association of Baden-Württemberg sued Aldi Süd before the Regional Court of Düsseldorf over its weekly flyers. Two examples from the CJEU press release:
| Product | Advertising | Struck through | Lowest price of 30 days |
|---|---|---|---|
| Bananas | “−23 %”, €1.29 | €1.69 | €1.29 |
| Pineapple | “Price highlight”, €1.49 | €1.69 | €1.39 |
For the bananas, the supposedly reduced price was exactly the lowest price of the previous 30 days. Compared with that price there was no discount at all, let alone 23 %. The court asked the CJEU how Article 6a of the Price Indication Directive is to be interpreted.
What the CJEU decided
On 26 September 2024 the Court answered: a price reduction that a trader announces as a percentage or as an advertising claim highlighting how advantageous an offer is must be determined on the basis of the lowest price the trader applied within at least 30 days before the reduction.
The reasoning: traders should not be able to raise a price shortly before a sale and then announce a fake reduction. The 30-day lowest price is therefore not just extra information but the yardstick for the reduction itself.
What happened next
The Regional Court of Düsseldorf followed the CJEU on 31 October 2024 (38 O 182/22) and ordered Aldi Süd to stop
- advertising percentage discounts that do not refer to the lowest price of the last 30 days, and
- advertising a price as a “price highlight” with an earlier price when it is higher than that lowest price.
According to the press release, the judgment was not yet final. The direction is clear nonetheless, because the CJEU interprets EU law bindingly for all member states. The Austrian Economic Chamber, for instance, states explicitly that an earlier price may not be shown next to a new price unless it is also the lowest price of 30 days.
What it means for strike-through prices online
An everyday example: a down jacket costs €249 for a long time. Ten days before a sale, the regular price is raised to €279, then the sale starts at €229.
| Information | Without adjustment | After the CJEU ruling |
|---|---|---|
| Struck-through price | €279.00 | €249.00 |
| Percentage | −18 % | −8 % |
| Notice | Lowest price of 30 days: €249.00 | Lowest price of 30 days: €249.00 |
By default, WooCommerce strikes through the regular price, here €279, and a percentage badge calculates from it. Both then refer to a price that is not the lowest price. The correct way is to base the strike-through price and percentage on the lowest price. Calculations for other cases are in Calculating the lowest price of 30 days.
When is it no reduction at all?
If the sale price is not below the lowest price of 30 days, there is nothing to advertise as a discount. That was the case with the bananas. In a shop, this mainly affects products sold at their “sale price” for a long time, or products never offered at the regular price. They should not appear as reduced.
What about comparisons with the RRP?
A comparison with the manufacturer’s recommended retail price is not a reduction of your own price but a price comparison. It should therefore be clearly recognisable as such, for example with “RRP” at the struck-through price. Where exactly the line runs depends on the case; when in doubt, have it checked.
Checklist after the ruling
- The strike-through price in your shop is the lowest price of the 30 days before the sale.
- Percentage badges are calculated from the lowest price, not the regular price.
- Claims like “best deal” or “price highlight” with a comparison price follow the same rule.
- Products without a real discount do not appear as a sale.
- Newsletters, social media and feeds use the same figures as the shop.
How Strikewise implements the ruling
Strikewise’s CJEU mode is on by default and part of the free version: the strike-through price becomes the lowest price of the 30 days before the reduction, and sham discounts as well as products never offered for more are not shown as a sale. Because WooCommerce builds badges, the cart and most product feeds from that price, they are corrected as well. See Strikewise.