European Commission

 

Case detail

B a c k

Directive article Article 6 1. (d)
Article 7 2.
Article 7 4. (c)
National ID Decision 1254/2008
Country Romania Decision date 26/03/2008
Common name Decision type Supreme court decision
Court Inalta Curte de Casatie si Justitie (Bucuresti) Plaintiff(s) Telemobil S.A
Court translation Supreme Court (Bucharest) Defendant(s) National Audiovisual Council of Romania
Subject misleading advertising
Keywords advertisementmisleading pricepriceprice information

+ Expand all

Headnote

Representing both the total price and the price excluding applicable taxes of a product, where the total price is represented in a less clear way, constitutes a misleading commercial practice.

Facts

The plaintiff, a trader dealing with satellite communication activities, launched a promotional campaign for one of its products.

The TV commercial contained both a written and audiovisual indication of a "4 USD" price excluding VAT, whereas the total price of "4,74 USD", i.e. including VAT, was only indicated in writing and in such a manner that it was hard to read the total price.

Next, the price excluding VAT was shown for 2 seconds, whereas the total price was only depicted for 1 second.

Due to the breach of the advertising regulation, the administrative body in charge of taking legal actions against misleading advertising sanctioned the plaintiff.

Legal issue

Does representing both the total price and the price excluding applicable taxes of a product, where the total price is represented in a less clear way, constitute a misleading commercial practice?

Decision

In a short reasoning, the court considered the TV commercial to be clearly misleading.

The reasoning of the court was that the differentiated depiction of the two prices, i.e. audiovisual versus only in writing (respectively for the price excluding and including VAT), could reasonably lead to difficulties in correctly perceiving the actual price of the service concerned.

  URL Decision Decision full text
EN N/A
RO N/A Click here

Result

The plaintiff's request of annulment of the sanction applied by the administrative body was denied.

Additional information

Date Description URL
There is no events for this case.

Related case(s)

National ID Common Name Subject Country Link type
There is no related cases for this case.

Legal Literature

Title Author
There is no Legal Literature for this case.