European Commission

 

Case detail



Directive article Article 7 1.
National ID 14 U 319/12
Country Germany Decision date 24/07/2012
Common name Decision type Court decision in appeal
Court Oberlandesgericht Dresden Plaintiff(s) Unknown
Court translation Higher Regional Court Dresden Defendant(s) Unknown
Subject material information
Keywords advertisementaverage consumerinformed decisionmisleading omissions

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Headnote

Not mentioning, on a trader's website, information on several non-obvious requirements for installation of the product constitutes a misleading commercial practice.

Facts

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.
 

Legal issue

Does not mentioning, on a trader's website, information on several non-obvious requirements for installation of the product constitute a misleading commercial practice?

Decision

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
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Result

The plaintiff's request was granted.

Additional information

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