Jurisprudenţă

  • Detalii privind cazul
    • ID național: Decision 1254/2008
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Hotărârea Curții Supreme
    • Data deciziei: 26/03/2008
    • Instanţa: Inalta Curte de Casatie si Justitie (Bucuresti)
    • Obiect:
    • Reclamantul: Telemobil S.A
    • Pârâtul: National Audiovisual Council of Romania
    • Cuvinte-cheie: advertisement, misleading price, price, price information
  • Articole din directivă
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c)
  • Notă preliminară
    Representing both the total price and the price excluding applicable taxes of a product, where the total price is represented in a less clear way, constitutes a misleading commercial practice.
  • Fapte
    The plaintiff, a trader dealing with satellite communication activities, launched a promotional campaign for one of its products.

    The TV commercial contained both a written and audiovisual indication of a "4 USD" price excluding VAT, whereas the total price of "4,74 USD", i.e. including VAT, was only indicated in writing and in such a manner that it was hard to read the total price.

    Next, the price excluding VAT was shown for 2 seconds, whereas the total price was only depicted for 1 second.

    Due to the breach of the advertising regulation, the administrative body in charge of taking legal actions against misleading advertising sanctioned the plaintiff.
  • Chestiune juridică
    Does representing both the total price and the price excluding applicable taxes of a product, where the total price is represented in a less clear way, constitute a misleading commercial practice?
  • Hotărârea

    In a short reasoning, the court considered the TV commercial to be clearly misleading.

    The reasoning of the court was that the differentiated depiction of the two prices, i.e. audiovisual versus only in writing (respectively for the price excluding and including VAT), could reasonably lead to difficulties in correctly perceiving the actual price of the service concerned.

    Text integral: Text integral

  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

    Nu există rezultate disponibile

  • Rezultat
    The plaintiff's request of annulment of the sanction applied by the administrative body was denied.