Case detailB a c k
Article 5 2. (a)
Article 8 al1
|National ID||Ombudsman of the Consumer 10th of September 2010 (Νo of protocol 1912)|
|Common name||Decision type||Other|
|Court||Συνήγορος του καταναλωτή||Plaintiff(s)||consumer|
|Court translation||Ombudsman of the Consumer||Defendant(s)||GENESIS MAIEYTIKI GYNAIKOLOGIKI HEIROURGIKI KLINIKI|
|Subject||aggressive commercial practices|
|Keywords||aggressive commercial practices, precontractual information, price information|
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The practice of a clinical institution to charge parents for the collection of their newborn children’s blastocytes without actually providing any services for this collection and without prior information thereon, is an aggressive commercial practice, since it distorts the consumer’s freedom of choice during the transactional decision.
Does the commercial practice conducted by the maternity clinic, i.e. to charge the parents for a process that is not delivered by any of the clinic’s staff and that has not been previously communicated to the consumers, qualify as an aggressive commercial practice?
Similar to the a recommendation that had already been issued by the Ombudsman of the Consumer regarding identical charges imposed by other private maternity clinics (protocol no 1192/1-6-2010), it was held that the practice of the maternity clinics resulted into an influence on the freedom of choice of the consumers while forming their transactional decision as to accept or to refuse the additional charges imposed is a misleading practice. According to the Ombudsman, this practice constitutes an aggressive commercial practice.
|URL Decision||Decision full text|
The Ombudsman of the Consumer recommended to the defendant to give back to the plaintiff the money it had already collected and to refrain from similar charges relevant to the collection of blastocytes of the omphalion blood in the future.
|There is no events for this case.|
|National ID||Common Name||Subject||Country||Link type|
|/||Ombudsman of the Consumer, 1st June 2010 (Protocol No : 1192)||aggressive commercial practices||Greece||N/A|
|There is no Legal Literature for this case.|