European Commission


Case detail

Directive article Article 7 1.
Article 7 4. (a)
National ID CCT 2/10 Kenneth Ciangura vs AR Tech Limited
Country Malta Decision date 06/12/2010
Common name Decision type Court decision, first degree
Court Maltese Consumer Tribunal Plaintiff(s) Kenneth Ciangura
Court translation Maltese Consumer Tribunal Defendant(s) AR Tech Limited
Subject misleading omissions
Keywords material informationproduct characteristics

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Not providing information on the expected life duration of a product, constitutes a misleading omission.


The plaintiff had purchased a solar water heater system.

After a period of time, some parts of the water tank began to rust and leaks were established. According to the plaintiff, the defendant had not informed the plaintiff on the relatively quick worsening of the water tank's state.

Legal issue

Does it constitute a misleading omission not to provide information on the expected life duration of a product?


In a short reasoning, it was held by the court that the information on the expected life duration of a product is essential information.
Next, the defendant could not prove such information was communicated to the plaintiff.

As a result, according to the court, the plaintiff had not been provided with all relevant information in order to make an informed transactional decision. Hence, the defendant had breached the prohibition on misleading omissions.

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The court ordered the defendant to repair the system or to pay a certain amount of compensation.

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