The immense economical increase in the last century floods the consumer with several products. Advertising is regarded as the instrument of business communication. It has performed a development from the ostentatious promotion to the internet advertising. Initially this work presents the meaning, the development, and the forms of economical promotion. With the so-called image promotion it does not - against usual promotion strategies - promote the product itself but the image of an enterprise. Goal of the promoter keeps to stand out against the masses. As a result the motto arose: 'rather making a bad impression than no impression!' Then follows a row of provocative up to discriminating promotional pictures for which the textile enterprise Bennetton was the trailblazer. It started off vehement discussions in our society and justice and necessitated to discuss the new image promotion even under legal aspects. The question arise how far the promoter may go with his promotional pictures under legal aspects. Which promotional pictures are to be criticized under law on competition? The role of the constitutional law in the judgement under competition law is discussed. To what extent this judgement must gear to the system of the constitutional values as a guideline. It is dealt with the cooperation of civil law and constitutional law and with the difficulties of a constitutional judgement. In the light of constitutional criticism the legal limits of the promotion are marked out. Also a legal comparison with northern countries shall manifest the legal fundamental ideas. The question is raised whether the general clause of the UWG is sufficient for the legal judgement of discriminating advertising. In the end the question is clarified whether due to German law there is a need for a non-discrimination law or whether the UWG should contain a novel which introduces an independent element regarding the discriminating advertising
