European Commission


Case detail

Directive article Annex I al1 16.
National ID PS105
Country Italy Decision date 23/12/2008
Common name PUBBLICITĂ€ GIOCO DEL LOTTO SU CANALI SKY Decision type Administrative decision, first degree
Court AutoritĂ  Garante della Concorrenza e del Mercato (Rome) Plaintiff(s) Italian Competition Authority
Court translation Italian Competition Authority Defendant(s) Telefortunesat
Subject misleading advertising
Keywords black listgames of chancemisleading advertisingmisleading statements

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Promoting a service that allegedly forecasts the winning numbers of the lottery, breaches the per se prohibition of Annex I-16 of the UCP Directive. 


On 26 June 2008, the Italian Competition Authority initiated investigation proceedings against Telefortunesat, further to two consumer complaints (reported at the call center of the Authority on 22 November 2007 and on 8 January 2008) concerning the possible unfairness of the commercial practice allegedly consisting in the transmission of advertising messages by Telefortunesat on the satellite channel "917" (Sky").  

Telefortunesat sent commercial messages to consumers aimed at promoting a payment telephone service for the alleged forecast of the winning numbers to be played at the Italian lotteries. The trader claimed that the winning numbers would be provided, through such service, by some sort of specialists.

On 31 July 2008 the Authority ordered the trader, by interim measure, to suspend the investigated commercial practice.

Since the practice had been carried out by using TV and telephone, the opinion of the Italian Communication Authority was also requested on 14 November 2008.

Legal issue

Is it an unfair commercial practice to promote a service that allegedly forecasts the winning numbers of the lottery? 


The Italian Competition Authority decided that the practice carried out by Telefortunesat constitutes an unfair commercial practice and, in particular, a per se misleading advertising according to Annex I-16 of the UCP Directive, as the commercial messages used by the trader falsely suggested that the promoted service was able to facilitate winning in a lottery. 

  URL Decision Decision full text


The Italian Competition Authority decided to fine Telefortunesat for an amount equal to 140.000 EUR.

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