“Supposed business experts claim online that their clients can earn a lot of money with little effort. They charge high prices for their online courses," says UBA President Dirk Messner. "However, caution is advised: Often, these courses do not meet legal requirements. This makes it all the more important that the UBA consistently protects consumers, as in this case.”
The withdrawal of the appeal marks the conclusion of proceedings brought by the UBA against CopeCart GmbH, based in Berlin. This was initiated at the request of the competent Austrian authority, the Federal Office of Metrology and Surveying (BEV). The BEV was supported by the European Consumer Centre Austria.
In January 2025, the BEV requested that the UBA take action against the unfair business practices on CopeCart’s website. CopeCart had given consumers in Austria the impression that it was lawfully able to offer certain distance learning courses, even though these did not have the necessary approval under the Distance Learning Protection Act (FernUSG). This constitutes a violation of the “blacklist” of the Directive on Unfair Commercial Practices.
The company was not willing to voluntarily remedy all the identified legal violations. The UBA therefore obliged the platform operator to refrain from offering certain coaching services to consumers in Austria. The authority also ordered immediate enforcement of its decision to ensure that the provider complies with the legal requirements without delay. CopeCart also withdrew its application for interim relief against this decision in court.
The prohibition order issued by the UBA is final. If the company does not comply with the order, the authority may impose a mandatory fine of up to 250,000 euros in each individual case. Furthermore, an intentional or negligent violation of the administrative decision constitutes a regulatory offence, which may be punished with an additional monetary fine.
Further information:
Advertising claims regarding distance learning courses fall within the scope of Directive 2005/29/EC on unfair commercial practices. According to this, offering online courses without the required approval may be misleading. This applies in particular if the courses are subject to the German Distance Learning Protection Act (FernUSG).
The UBA is responsible for the cross-border enforcement of the collective interests of consumers. The authority's powers are derived directly from the European CPC Regulation 2017/2394 . However, the UBA does not enforce individual claims of consumers. Rather, its aim is to uncover and remedy abuses and violations by companies operating throughout Europe.
Click to enlarge