Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9

A trader’s commercial conduct that forces consumers to purchase products from that trader is unfair.

The plaintiff organised a game called “Rub the seals of luck”. As part of the game, consumers were supposed to rub eight sections of a talon and, depending on how many aces they found on the talon, they could win packages of books at a promotional price.

Consumers obtained the books after filling in the order form, sending it to the plaintiff and paying the promotional price upon receipt of the packages of books. The terms and conditions of the game provided for the right to return a delivered package or declined further deliveries.

The plaintiff delivered only the first package by certified mail and, thus, guaranteed the receipt of the books. The remainder of packages followed by regular mail, which in effect did not warrant their receipt. It was often the case that packages did not reach the recipient (consumer) or the latter would decline receiving the package. In those instances, the plaintiff would start charging respective consumers default interest on the payment of the promotional price for the package of books. The plaintiff’s argument for doing that was that the plaintiff was entitled to compensation by the consumer concerned in cases of failed receipt or decline of a shipment.

Is a trader’s commercial conduct that forces consumers to purchase products from that trader unfair?

In a short reasoning, the court held that the commercial practice at stake was unfair because it imposed on consumers superfluous obligations to obtain a product while also declining them the right of refusal to further deal with the trader.

As a result, the plaintiff's activities were held to be unfair and prohibited.

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The court upheld defendant’s findings.