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Case detail



Directive article Article 6 1. (f)
Annex I al1 4.
National ID MD 2013:3
Country Sweden Decision date 05/02/2013
Common name MD 2013:3 Decision type Court decision in appeal
Court Marknadsdomstolen Plaintiff(s) Sveriges Begravningsbyråers Förbund
Court translation The Swedish Market Court Defendant(s) Looströms Begravningsbyrå AB
Subject black list
Keywords administrative authorityauthorisationendorsementhealth and safetymisleading advertisingmisleading commercial practicesrights of the trader

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Headnote

Claiming in an advertisement for funeral services that the trader is “authorized” to deliver such services, without the trader having obtained the mandatory valid authorization, constitutes a misleading commercial practice but does not constitute a blacklisted commercial practice.

Facts

The defendant had previously offered funeral services as an authorized trader.

However, at the time of the contested advertisements (still for funeral services), the trader was no longer under the supervision of the private body issuing the authorization.

Legal issue

Does claiming in an advertisement for funeral services that the trader is “authorized” to deliver such services, without the trader having obtained the mandatory valid authorization, constitute a misleading or blacklisted commercial practice?

Decision

The court first considered that the trader used to be an authorized trader of funeral services.

The court then noted that the blacklist should not be extensively interpreted and therefore found that the advertising practice did not constitute a blacklisted commercial practice.

The court however found that the information of the authorization was misleading and likely to materially distort the economic behavior of the average consumer and therefore constituted a misleading commercial practice.
 

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Result

The marketing was found to constitute a misleading commercial practice and the plaintiff was granted its request.

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