European Commission

 

Case detail

B a c k

Directive article Article 5 4.
Article 6 1.
National ID MAO:655/09
Country Finland Decision date 22/12/2009
Common name Decision type Court decision, first degree
Court Markkinaoikeus (Helsinki) Plaintiff(s) The Consumer Ombudsman
Court translation The Market Court (Helsinki) Defendant(s) Maskun Kalustetalo Oy
Subject misleading advertising
Keywords misleading advertisingprice comparisonprice reductionsrecommended retail pricing

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Headnote

 

(1) It is unfair to advertise bargain sales throughout a period of several months.

(2) It is unfair to advertise discounts by comparing with a "recommended retail price" that has never been actually charged to customers.

 

Facts

The defendant had continuously advertised its products (including couches and other furniture) at reduced prices, either by displaying a percentage discount, or by using some other comparison to the original price.

The plaintiff claimed that:

(1) it is prohibited to use advertise bargain sales repeatedly and/or during a period of more than two months; and

(2) it is prohibited to advertise price reductions that are either expressed in percentage discounts, or are otherwise compared to a "recommended retail price" that has never been actually charged in the shop.

Legal issue

 

(1) Is it lawful to advertise bargain sales for a period of several months? 

(2) Is it lawful to advertise discounts by comparing with a "recommended retail price" that has never been actually charged to customers? 

Decision

The court considered that specific expressions in the advertisements of the defendant were misleading, and dominating in a manner which was considered to have affected the transactional decision making process of the average consumer. The court prohibited to use the aforementioned expressions for more than two months continuously or repeatedly (so that the period for the aforementioned advertising would exceed three months annually).

Furthermore, the court prohibited to notify the price of the products reduced in percentage or by using some other comparison to the original price, if the discount is calculated on the basis of the recommended retail price (or some other price, which had not in fact been previously charged to the consumers of the same outlet).
 

  URL Decision Decision full text
EN N/A
FI http://www.oikeus.fi/markkinaoikeus/49521.htm Click here

Result

The plaintiff’s request was partially granted.

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