Bavarian Court Rejects Class Action Against Prime Video Advertising
The Bavarian Supreme Regional Court has dismissed a class action lawsuit brought against Amazon's Prime Video by the Consumer Center of Saxony. This legal action was initiated in response to the introduction of advertising on the streaming platform in February 2024, a change that affected hundreds of thousands of customers across Germany.
The Consumer Center of Saxony, representing over 200,000 affected customers, sought compensation for the implementation of advertising interruptions within Prime Video content. According to the organization, these advertisements were not in line with the original terms of service and constituted a breach of contract. The group argued that users expected an ad-free viewing experience as part of their subscription, and that Amazon failed to uphold this expectation.
In its ruling, the court stated that Prime Video's terms of service did not explicitly guarantee ad-free content, nor did the Consumer Center provide sufficient evidence that Amazon advertised the service as free from commercial interruptions. The court concluded that the addition of advertising was permissible under the contractual agreements in place at the time of the change. Furthermore, the court referenced the Consumer Rights Enforcement Act, which requires that claims in a class action be fundamentally similar in nature. In this instance, the court found that the claims presented diverged too widely, rendering the class action inadmissible.
Despite this setback, the Consumer Center of Saxony has indicated its intention to appeal the decision before the Federal Court of Justice. The organization aims to seek a definitive legal clarification regarding the rights of streaming service subscribers when unilateral changes are made to their contracts, particularly in cases where features such as advertising are introduced after the subscription has begun.
The legal dispute is not the only one of its kind concerning advertising on Prime Video. In a separate case, the Regional Court of Munich I ruled in December 2025 that the introduction of advertisements on Prime Video was unlawful, allowing customers to claim compensation. This decision, however, is not yet legally binding, as Amazon has filed an appeal. Notably, this case was initiated by the Federation of German Consumer Organizations as an injunction proceeding, differing from the Saxony Consumer Center's approach, which sought direct compensation for affected customers.
Amazon has consistently rejected the claims of the consumer organizations, maintaining that it provided customers with adequate notice regarding the introduction of advertising and that its actions complied with all applicable legal requirements. The company also emphasizes that customers have the option to pay an additional monthly fee to continue enjoying an ad-free experience on Prime Video.
The outcomes of these court cases could have significant implications for the streaming industry in Germany, especially regarding how companies communicate changes in service and the legal recourse available to consumers. The pending decisions from higher courts are expected to clarify whether streaming service providers can introduce advertising or alter other key features of their offerings after customers have subscribed, and under what circumstances customers are entitled to compensation or contractual remedies.
The legal debate also highlights the complexity of consumer protection laws as they relate to digital services and evolving business models. As streaming platforms continue to adapt their offerings, courts are being called upon to interpret contractual obligations, advertising practices, and the rights of consumers in the rapidly changing digital entertainment landscape.