27.02.2026 The consumer protection association Pro Rauchfrei e. V. has secured injunctions against Rossmann and Netto in two summary proceedings before the Higher Regional Courts of Celle and Bamberg. Both courts prohibited the companies from selling cigarettes to minors. These rulings thus strengthen the protection of minors under civil law in the retail sector. (Order of the Higher Regional Court of Celle of 11 March 2026, ref. 13 UKl 1/26; Order of the Higher Regional Court of Bamberg of 17 March 2026, ref. 3 UKl 11/26 e).
This was triggered by a number of test purchases carried out at large chains and small kiosks, including at a Rossmann and a Netto branch in Berlin, where a 15-year-old test purchaser was able to buy cigarettes without the required age check. The courts ruled that this constituted a breach of the Youth Protection Act.
The Higher Regional Courts have made it clear that the ban on selling tobacco products to minors can also be enforced under civil law. Qualified organisations such as Pro Rauchfrei e. V. are entitled to bring corresponding injunctive relief claims against companies.
The ruling by the Bamberg Higher Regional Court is of particular significance: the court expressly confirms that mystery shopping is a legitimate and effective means of uncovering breaches of consumer protection regulations. Businesses must ensure that age checks are actually effective in day-to-day sales operations
The ruling by the Bamberg Higher Regional Court is of particular significance: the court expressly confirms that mystery shopping is a legitimate and effective means of uncovering breaches of consumer protection regulations. Businesses must ensure that age checks are actually effective in day-to-day sales operations.
says Stephan Weinberger, chairman of Pro Rauchfrei.
The orders were issued in each case as interim relief and without an oral hearing. Each breach is punishable by fines of up to €250,000, or alternatively by imprisonment for the managing directors of the groups.
The full text of the decisions is available here:
The law firm Mueller.legal represented Pro Rauchfrei e. V. in the strategic enforcement of consumer protection claims and has particular expertise in tobacco and youth protection law as well as in summary proceedings.