Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.

It does not constitute a misleading commercial practice for a trader to state on its website that certain services offered by another trader are problematic, in the event this information is correct and can be substantiated.

The defendant provides services, whereby on a no-pay-no-cure basis it files claims on behalf of air transport passengers against air traffic companies, based upon European and/or national legislation and regulations. It also sells documents with which the passengers themselves can file a claim. To do so, the defendant uses the website bearing the domain name www.euclaim.nl. The defendant’s website, amongst others, states the following: “Delays of Transavia.com Are you delayed on a Transavia flight? You will find all problem flights of Transavia in the list below " and " These flights have been checked for situations of force majeure”. The question in this case is whether the defendant on its website is making misleading and, with that, unlawful statements towards the plaintiff.  

According to the court, since it could not be proven by the plaintiff that the list of problem flights on the defendant’s website was inaccurate, it has not been proven that the defendant makes statements on its website that are misleading and unlawful towards the plaintiff. Therefore, the court ruled that there was no question of an unfair commercial practice.

Does it constitute a misleading commercial practice for a trader to state on its website that certain services offered by another trader are problematic, in the event this information is correct and can be substantiated?

URL: http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BT7576

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The judge in preliminary relief proceedings dismissed the plaintiff’s claims and judged that the statements of the defendant are not misleading and unlawful towards the plaintiff.