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Case detail



Directive article Article 6 1. (d)
Article 7 1.
National ID J.nr.: 11/02116
Country Denmark Decision date 12/01/2012
Common name J.nr.: 11/02116 Decision type Other
Court Forbrugerombudsmanden Plaintiff(s) Forbrugerombudsmanden (the Danish Consumer Ombudsman)
Court translation The Danish Consumer Ombudsman Defendant(s) Stofa A/S
Subject misleading commercial practices
Keywords freematerial informationmisleading advertisingmisleading omissionsprecontractual informationpriceprice information

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Headnote

Marketing subscription service as being without charges, whereas in reality the trader charges the consumer a certain cost for setting up the service constitutes a misleading commercial practice.

Facts

The defendant marketed his mobile phone subscription as being without charges. When consumers bought the mobile phone subscription, however, the trader charged them DKK 99 (approx. EUR 13) for setting up the subscription plan.

Legal issue

Does it constitute a misleading commercial practice to market a subscription service as being without charges, whereas in reality the trader charges the consumer a certain cost for setting up the service?

Decision

According to the Danish Consumer Ombudsman it was a misleading advertising practice to market mobile phone subscriptions as being without charges when the trader charged consumers for setting up the subscription plan.

  URL Decision Decision full text
EN N/A

Result

The defendant was fined DKK 200,000 (approx. EUR 26,800).

Additional information

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Legal Literature

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