The defendant, a telecommunication provider, launched a promotional campaign with advertising materials such as a radio commercial and commercial posters.
- In its radio commercial, the defendant stated that consumers could buy a "telephony + internet promo pack for 20 EUR", and referred to its telephone number and its website to consult the specific conditions. One of the requirements of the promo was a connection to the defendant's cable network (amounting to 17 EUR / month).
- In its advertising posters, the defendant used a big picture of a red tear, in which a similar offer was made by writing in white letters within the red tear: "telephony + internet promo pack for only 20 EUR / month*". The asterisk referred to small print at the bottom of the poster, in which a similar requirement was stated (connection to the defendant's cable network for equal price).
This way, according to the plaintiff, the reference to the specific conditions of the promotional action was profoundly overshadowed by other aspects of the advertisement.