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Case detail



Directive article Article 2 (d)
Annex I al1 1.
Annex I al1 4.
National ID 2S-22
Country Lithuania Decision date 22/10/2009
Common name Decision type Administrative decision, first degree
Court Lietuvos Respublikos konkurencijos taryba (Vilnius) Plaintiff(s)
Court translation Competition Council of the Republic of Lithuania (Vilnius) Defendant(s) UAB “Teisingumas”
Subject authorisation
Keywords black listeconomic behaviourendorsementmaterial distortionmisleading advertisingmisleading commercial practicesregulated profession

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Headnote

Advertising services for which a license is required, whereas in reality the trader is not authorised under applicable law to provide such services, constitutes a false claim that a trader has been approved/authorised.

Facts

In the course of providing legal services, the defendant advertised its services offered using wording such as “Justice – attorney (…) services “.

The defendant was not authorised to provide attorney services under applicable law.

Legal issue

Does the advertising of services for which a license is required, whereas in reality the trader is not authorised under applicable laws to provide such services, constitute a false claim that a trader has been approved/authorised?

Decision

The Council referred to the prohibition to falsely claim that a trader (including his commercial practices) has been licensed (authorised).

The Council drew attention to the fact that the defendant was not authorized under applicable law to provide attorney services, neither did he have any agreements with law firms, authorised to provide the services involved.

  URL Decision Decision full text
EN N/A
LT http://www.konkuren.lt/index.php?show=nut_view&nut_id=1081

Result

A number of the defendant’s advertising statements were concluded to be an unfair commercial practice and a misleading advertising. A fine of LTL 2,800 (approx. EUR 800) was imposed on the defendant. 

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