Case law

  • Case Details
    • National ID: Precept of the Director-General of the Estonian Consumer Protection Board, 8 July 2009
    • Member State: Estonia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 08/07/2009
    • Court: Estonian Consumer Protection Board (Tallinn)
    • Subject:
    • Plaintiff: Estonian Consumer Protection Board
    • Defendant: Osaühing Glorious Trade
    • Keywords: internet, misleading commercial practices, price information
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (d)
  • Headnote
    It is misleading to advertise a price and state that the consumer receives membership access to various video on demand services for that price, when in reality that price only covers the registration to a website, so that additional fees must be paid to actually watch videos.
  • Facts
    The defendant operated several websites on which it was possible to watch videos after becoming a member and paying the fee for the registration. Afterwards, another fee was required to be paid in order to watch videos.

    The plaintiff argued that the price information for registration is misleading, because it was clearly communicated that for the indicated price the consumer gets access to the videos. In reality, however, the initial price only covered the registration on the website, while a separate fee must be paid afterwards to actually watch videos.
  • Legal issue
    The Estonian Consumer Protection Board considered that it is a misleading commercial practice when the price information does not accurately set out the services received for that price so that, in order to use these services, an additional fee must be paid which becomes apparent only after paying the first fee.
  • Decision

    Is it a misleading commercial practice to advertise a price that seems to cover access to the entire video-on-demand service, while in reality this price only covers a registration fee and requires additional fees to actually watch videos?

    URL: http://www.tka.riik.ee/public/Ettekirjutused/2009/Ettekirjutus_Glorious_Trade.09.07.09.pdf

    Full text: Full text

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  • Result
    The defendant’s objections were overruled.