Announcing a clearance sale after a flood or fire: review the prior notification, goods, location, period and evidence under section 33a UWG.
, Mag. Bernhard Brandauer, Rechtsanwalt
A business that wants to announce a clearance sale after a flood or fire must notify the district administrative authority responsible for the sale location before the intended sale announcement begins. Section 33a(6) UWG requires information about the goods, location and period, together with documents that make the specific natural disaster credible.
The notification concerns a specific sales campaign. The actual damage, affected stock and planned form of the announcement therefore need to be assessed together. A general statement that goods were damaged does not by itself explain the entire notification.
This article sets out the information and evidence to prepare for the notification. It also separates the version applicable until 26 September 2026 from the version applicable from 27 September 2026. The natural-disaster rule in paragraph 6 remains the same in both versions.
This short assessment separates preparation, a submitted notification and advertising that has already circulated. You can then send the relevant documents for further assessment.
The event, goods, location, period and notification must fit together in a traceable sequence.
For a first assessment, preserve the specific event, affected goods, location, period and exact status of the announcement.
Describe the goods by quantity, condition and sales value. Add the exact location, planned period and documents that make the specific flood, fire or comparable event traceable.
Keep the notification, its attachments and the receipt of submission. Compare the advertising actually used with the goods, location and period in the notification. Document any change to the campaign in a new version.
Secure the published version, distribution channels, timestamps and responses. Organise the notification, goods list and event documents chronologically. Obtain a prompt assessment of further communication and the appropriate handling of the campaign.
Section 33a(6) UWG concerns an announcement of a clearance sale caused by a natural disaster. The provision names floods and fires as examples and also covers comparable events. The event must be connected with the specific sales campaign.
The assessment therefore brings together several facts: what happened, which goods were affected and why those goods are to be offered in a special sales campaign. The timing and condition of the goods belong in the record.
The special rule is distinct from an announcement based on closing a business or moving its premises. It also does not answer whether every price or product statement in the advertising complies with other rules. Those questions may require a separate assessment.
The notification is made to the district administrative authority responsible for the location of the clearance sale. The location of the sales campaign determines the responsible authority. If several locations are involved, each one should be clearly assigned in the planning.
Timing is a separate checkpoint. Section 33a(6) requires the notification before the intended clearance sale announcement begins. An internal approval, a report to an insurer or the mere preparation of advertising does not document this filing step.
The file should record the method of submission, filing date, attachments submitted and receipt. This makes it possible to show which information was available before the start and which version of the campaign was used.
Paragraph 6 refers to paragraph 1 points 1 to 3 of section 33a UWG. The notification must therefore describe the goods to be sold by quantity, condition and sales value. The goods list should describe the affected stock sufficiently clearly to show its connection with the event and campaign.
The exact location of the clearance sale must also be stated. A general place name may be too vague where several branches, warehouses or sales areas are involved. The description in the notification, attachments and advertising should match.
Finally, the period during which the clearance sale is intended to take place must be stated. Plan the beginning and end so that the campaign has a clear time frame. Any later change should be documented and assessed before further advertising is distributed.
The notification requires documents supporting the reasons for the specific natural disaster. The documents should make the event, its timing and its connection with the affected stock traceable. The suitable combination depends on the circumstances.
Depending on the event, incident or authority records, damage reports, insurance documents, warehouse records, photographs with a time reference or reports concerning the affected premises may be relevant. Organise each document by its evidential function. A photograph without a link to location, stock and time is difficult to assess.
For the goods, also record which items were damaged, impaired or affected by the storage conditions. The event documents and goods list must explain the same sales campaign. General damage documents with no link to the goods offered leave that connection unclear.
The public announcement should describe the event, affected goods, location and period in the way prepared in the notification and supporting documents. Advertising that names a wider stock or a different sales location requires further assessment against the original record.
Secure every version used: poster, brochure, website, newsletter, social-media post and other distribution. Record when and through which channel each version was published. For regional campaigns, the relevant branch or sales area should also be clear.
The notification under paragraph 6 provides the basis for the special event. It does not replace the assessment of specific advertising claims. Prices, emphasis and additional statements may have to be assessed separately under sections 1, 1a or 2 UWG and the Annex.
Until and including 26 September 2026, the version of section 33a UWG with an expiry date of 26 September 2026 applies. The new version applies from 27 September 2026. The applicable version should be recorded expressly in the internal assessment.
The rule in paragraph 6 is the same in both versions: an announcement caused by a natural disaster must be notified to the responsible district administrative authority before it begins. The information in paragraph 1 points 1 to 3 and documents supporting the specific event must still be submitted.
Paragraph 7 changes the designation of the affected person from “trader” to “entrepreneur”. Its substance remains the same: if the authority finds that the actual announcement breaches sections 1, 1a or 2 UWG or the Annex, it can order the cessation of every further announcement. This applies under both versions.
After an objection, preserve the advertising in the version that was actually published. This includes wording, images, prices, links, distribution channels and timestamps. A later correction should not overwrite the earlier version in the file.
Then organise the notification and all attachments, the goods list, location and period. Add documents about the flood, fire or comparable event and a chronology of the event, notification, approval, publication and sale.
Section 33a(7) focuses on the actual announcement. The further assessment therefore depends on which version was accessible and whether it was supported by the notification. The internal comparison should include regional and time-specific versions.
The notification under section 33a(6) is a separate required step before the announcement begins. It does not automatically answer every question about the advertising claims. Under paragraph 7, the authority may order further announcements to stop if it finds a breach of sections 1, 1a or 2 UWG or the Annex.
The goods to be sold must be described by quantity, condition and sales value. The exact location and the intended period must also be stated. Documents supporting the specific natural disaster must be submitted as well.
Photographs can support the record. They should be linked to a location, time and affected stock. Whether the documents make the specific event sufficiently credible depends on the circumstances and the complete chain of evidence.
The rule in section 33a(6) remains substantively the same. The notification must still be made before the announcement begins to the responsible district administrative authority and must include the information in paragraph 1 points 1 to 3 and evidence of the event. Paragraph 7 changes the designation “trader” to “entrepreneur”.
Secure the version actually distributed, with timestamps, channels and related documents. Organise the notification, goods list, location, period and event evidence. Before further distribution, have the specific communication assessed and determine how the campaign should proceed.
Assess loss, causation and evidence after a competition-law infringement.
Review market claims, the comparison basis and evidence in advertising.
Organise the claim, audience, evidence and limitations.
Organise objections, evidence and possible protective measures.
Support statements about status, qualification and authorisation in advertising.
Receive new articles and legal information from the firm.
Topics
Give us a concise outline of the situation. We will clarify which documents are needed and which next step is appropriate.
Office
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg Österreich
Phone
+43 662 6280000