European Commission

 

Case detail



Directive article Article 6 1. (b)
National ID J.nr.: 12/03125
Country Denmark Decision date 18/04/2013
Common name J.nr.: 12/03125 Decision type Other
Court Forbrugerombudsmanden Plaintiff(s) Forbrugerombudsmanden (the Danish Consumer Ombudsman)
Court translation The Danish Consumer Ombudsman Defendant(s) DanTaxi
Subject misleading commercial practices
Keywords environmental claimenvironmental marketingfalse impressioninaccurate informationmisleading advertisingmisleading statements

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Headnote

A statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitutes a misleading advertising.

Facts

The defendant, a taxi company, had a label on its taxis saying that the taxi company used more environment-friendly taxis than any other Danish taxi company.

However, the defendant did not provide any proof of this allegation.
 

Legal issue

Does a statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitute a misleading advertising?

Decision

The Danish Consumer Ombudsman stated that the defendant could not prove the accuracy of its statement and thus the company was required to remove the label.

  URL Decision Decision full text
DA http://www.forbrugerombudsmanden.dk/Nyheder-fra-FO/Pressemeddelelser/Taxiselskabs-markedsfoering-med-klimavenlig-koersel-var-vildledende?tc=D74929A5CD4D4F43909476CBFC7C9FE1
EN N/A

Result

The taxi company was required to remove the label.

Additional information

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