(1) Reference was made by the court to the provisions concerning misleading advertising, interpreted in the light of article 6 of the UCP Directive. According to the court, only the information that is "false" or "deceives or is likely to deceive" and that relates to the "main characteristics" of the product can give rise to breach of this provision. By referring to its hand-wash detergent, defendant only ensured consumers to expect the same amount of quality of the brand for the dishwasher tablets.
The court stated that one must consider the global impression made by the TV commercial from the point of view of an average consumer. In this case, the global impression of the average consumer was that the dishwasher tablets would provide equal quality for consumers. Hence, the advertisement did not create the impression that the products are identical.
(2) The court held that the use of the slogan "quickly soluble" is not misleading, as no essential information was omitted and the trader has the right to emphasize the advantages of its product.