Article 7 1.
||National ID||14 U 319/12|
|Common name||Decision type||Court decision in appeal|
|Court translation||Higher Regional Court Dresden||Defendant(s)||Unknown|
|Keywords||advertisement, average consumer, informed decision, misleading omissions|
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Not mentioning, on a trader's website, information on several non-obvious requirements for installation of the product constitutes a misleading commercial practice.
The defendant is a trader selling instantaneous water heater geysers which operate under power current.
The defendant advertised the product with "secure direct installation", by mentioning the high voltage needed but by not informing customers about some essential features of the installation, namely the necessity to have a three-phase power supply (AC) connector, the necessity to obtain a permission for the installation from the respective network operator and the necessity to employ a specialist company for the installation of the product.
The plaintiff sued the defendant claiming that not providing this information constitutes a misleading commercial practice according to Sections 3, 1 and 5 a, 2 and 3 no. 1 UWG.
Does not mentioning, on a trader's website, information on several non-obvious requirements for installation of the product constitute a misleading commercial practice?
The appeal was granted. The court found that the defendant omitted material information that is needed by the average consumer to take an informed transactional decision, in particular if the product is advertised with a "secure direct installation".
|URL Decision||Decision full text|
The plaintiff's request was granted.
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