Jurisprudencia

  • Detalles del asunto
    • ID nacional: Provincial Court, Asturias, Judgement 177/2020
    • Estado miembro: España
    • Denominación común:N/A
    • Tipo de resolución: Resolución judicial recurrida
    • Fecha de la resolución: 28/01/2020
    • Órgano jurisdiccional: Audiencia Provincial de Asturias
    • Asunto:
    • Demandante:
    • Demandado:
    • Palabras clave: Misleading advertising, unfair competition
  • Artículos de la Directiva
    Misleading and Comparative Advertising Directive, Article 2, (a) Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 4 Misleading and Comparative Advertising Directive, Article 4
  • Nota preliminar

    ECLI:ES:APO:2020:335

     

    The content of a website of an association of clinics in which abortion was alluded to yet omitted the risks it entails for both the physical and mental health of the mother should be considered misleading. The website stated: «Pregnancy interruption is an operation that does not leave sequelae, so when you get pregnant it will be as if you had not had a previous abortion. There is also no risk of infertility from having one or more abortions. Abortion is the most frequent surgical intervention in Spain that does not leave sequelae and the incidence of complications is very low».

  • Hechos

    An association of clinics is sued because its website alluded to abortion, omitting the risks it entails for the physical and mental health of the mother. On the website, it was stated: «Pregnancy interruption is an operation that does not leave sequelae, so when you get pregnant it will be as if you had not had a previous abortion. There is also no risk of infertility from having one or more abortions. Abortion is the most frequent surgical intervention in Spain that does not leave sequelae and the incidence of complications is very low».

  • Cuestión jurídica

    Should the advertising content of a website that alluded to abortion, omitting the risks it entails for the physical and mental health of the mother be considered misleading?

  • Decisión

    By omitting substantial information such as that relating to the possible risks of the service it provides (risks that fundamentally translate into the possibility of sequelae psychic effects produced by the abortion intervention), is helping the average consumer to make a decision about a transaction that they perhaps would not have otherwise taken.

    URL: https://www.poderjudicial.es/search/AN/openDocument/149484a40849a45b/20200406

    Texto completo: Texto completo

  • Asuntos relacionados

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  • Literatura jurídica

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  • Resultado

    The Court upholds the actions filed, condemning the defendant association.