Article 5 2. (b)
Article 6 1. (b)
Article 7 1.
|National ID||Decision no. RPZ-28/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura w Poznaniu||Plaintiff(s)||The President of the Office of Competition and Consumer Protection|
|Court translation||The President of the Office of Competition and Consumer Protection, Delegature in Poznań||Defendant(s)||Polska Telefonia Cyfrowa sp. z o.o. with its registered office in Warsaw|
|Keywords||limited availability, misleading commercial practices, misleading omissions, misleading statements|
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Constitutes an unfair commercial practice, the indication in an advertising leaflet of certain categories of consumers which are not eligible to make use of a service offered by a trader, while other categories are equally excluded from this offer as stated in the general terms and conditions of the offer but not indicated in the leaflet.
The defendant, a mobile operator of the "Era" network, is a company that provides customers with telecommunication services.
Does advertising a commercial offer as being accessible for all consumers, while in fact the terms and conditions state that several categories of users are excluded from the offer, constitute an unfair commercial practice?
It was held that the information concerning the group of persons who are eligible for a promotion, is the most important element of such advertisement and is first noticed by the consumer. The defendant did not include in the advertising leaflet the relevant information on the scope of the subscribers who cannot make use of the services of Era Family Net.
|URL Decision||Decision full text|
The market practice of a trader was found to be unfair. There was no financial penalty imposed on the trader.
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