Sale Prices & Black Friday: The 30-Day Reference Price Period Begins Today

From now on, every price counts: Anyone advertising a price reduction on Black Friday (November 27, 2026) must, pursuant to § 11 PAngV, specify the lowest total price over the past 30 days as the reference point—and this reference period has just begun. What the rule requires, what the European Court of Justice has ruled, and how to ensure discount advertising remains legally compliant.

What does the 30-day rule mean for strikethrough prices?

Anyone who advertises a price reduction for a product to consumers must state the lowest total price charged within the preceding 30 days—as required by § 11(1) PAngV. This requirement applies to any form of announcement: crossed-out prices in the store, percentage badges, newsletters, advertisements, or banners. It does not apply to a mere price change without advertising—if a business quietly lowers a price without crossing anything out, it is not required to state a reference price.

What did the ECJ rule in the “Aldi Süd” case?

That the 30-day lowest price must not only be stated but also calculated. In its judgment of September 26, 2024 (C-330/23), the ECJ clarified: An advertised percentage discount or a highlight such as “Price Highlight” must refer to the lowest price over the past 30 days—it is not sufficient to calculate the discount based on the most recent price charged and to list the lowest price only in a footnote. Here’s an example: An item normally cost €100, but was on sale for €80 three weeks ago. Anyone advertising “−25%” now must calculate based on €80—the promotional price would have to be €60; €75 would be only about 6%, and the “−25%” advertisement would be unlawful.

Why does the Black Friday reference period start right now?

Because the 30 days prior to November 27, 2026, cover the period from October 28 to November 26—any price a store charges from now on can become the benchmark on Black Friday. That’s the timing trick: Anyone who wants to adjust their regular prices anyway—even downward—should do so now and then keep them stable afterward. A price lowered in late October and left unchanged thereafter serves as a reliable reference on November 27. On the other hand, retailers who run interim promotions in November drive down their own reference price—making the Black Friday promotion appear less substantial when calculated. Section 11(2) of the PAngV provides guidance on tiered pricing: with gradually increasing discounts, the lowest price prior to the first reduction remains the reference price.

Can I raise prices before Black Friday?

Raising prices is permitted—but this does not make the discount promotion appear larger. As long as the old, lower price falls within the 30-day window, it remains the relevant reference price. Anyone who times the price increase so that the low price falls outside the 30-day window shortly before the promotion may technically comply with the PAngV, but risks being accused of misleading consumers under Section 5 of the UWG—price fluctuations right before promotional days are a classic scenario for receiving a cease-and-desist letter. In short: Short-term price increases do not make subsequent discount promotions more impressive—they make them vulnerable to criticism.

What types of price advertising remain permissible?

• MSRP comparisons: permissible if the MSRP is clearly labeled, up-to-date, and calculated in good faith—but it does not replace the 30-day requirement as soon as an additional discount is advertised.
• Introductory prices: New items with no price history can be launched at any price; only subsequent discount promotions trigger the requirement to state a reference price.
• Legal Exceptions: Individual discounts (such as personal coupons) and price reductions for perishable goods are exempt (Section 11(4) PAngV).

How can retailers prepare in practice?

With documentation and a fixed promotional calendar:

• Document price history: Record the 30-day lowest price for each item along with the date—for example, via an export or price change log.
• Check the logic behind crossed-out prices: Is the 30-day low price crossed out in the store—or an “old” regular price?
• Set a fixed promotional calendar: no unplanned interim promotions until Black Friday—each one lowers the reference price.
• Review promotional materials: Check newsletters, ads, banners, and social media posts to ensure they use the correct reference price.
• Verify MSRP information: Does the advertised MSRP actually exist, and is it current?
• Brief the team: Anyone managing prices or campaigns must be familiar with the 30-day rule.

Handy tip: If you manage newsletters and campaigns directly from your e-commerce platform—XONIC includes newsletters and marketing automation—you can check price information in one place.

Frequently Asked Questions About “Before” Prices and the 30-Day Rule

Sources

• Section 11 PAngV (gesetze-im-internet.de, primary source)
• ECJ, Judgment of Sept. 26, 2024 – C-330/23 (dejure.org)
• IT Law Firm on the ECJ Judgment Regarding Strikethrough Prices
• Noerr: Strict Requirements for Strike-Through Prices

Note: This article is intended for general informational purposes only and does not constitute legal advice in specific cases.