European Commission

 

Case detail



Directive article Article 5 4.
Article 6 1.
National ID J. nr. 10/01058
Country Denmark Decision date 01/09/2010
Common name Decision type Other
Court Forbrugerombudsmanden Plaintiff(s) The Danish Consumer Ombudsman
Court translation The Danish Consumer Ombudsman Defendant(s) Boligsiden A/S
Subject endorsement
Keywords confusionendorsementfalse impressionmisleading commercial practicesmisleading statements

+ Expand all

Headnote

When a website is not approved by public authorities, it is misleading to give it a title such as "Official Housing Site".

Facts

 

The trader, Boligsiden A/S, marketed its website www.boligsiden.dk as "Denmark's Official Housing Site".

The Danish Consumer Ombudsman criticized the trader for violating the Executive Order on Unfair Commercial Practices nr. 1084 of 14 September 2007 (which implements the UCP Directive), as the phrase gave the impression that the website was approved by a public authority, although it was not the case.

Legal issue

Is a website title such as "Official Housing Site" misleading because it gives the (wrongful) impression that the website is approved by public authorities, while such is not the case?

Decision

According to the Danish Consumer Ombudsman, this kind of advertising was a violation of the prohibition against misleading commercial practices pursuant to the Danish Marketing Practices Act as well as the Executive Order on Unfair Commercial Practices.

  URL Decision Decision full text
DA http://www.forbrugerombudsmanden.dk/Nyheder-fra-FO/Pressemeddelelser/Boligsiden Click here
EN N/A

Result

Boligsiden A/S removed the phrase from the website, and the Danish Consumer Ombudsman closed the case.

Additional information

Date Description URL
There is no events for this case.

Related case(s)

National ID Common Name Subject Country Link type
There is no related cases for this case.

Legal Literature

Title Author
There is no Legal Literature for this case.