Plaintiff and defendant signed a partnership agreement for the promotion of the defendant's website through clickable links on plaintiff's website. Plaintiff's remuneration was based on the number of clicks. Plaintiff claimed that defendant had an obligation to pay the amount of plaintiff's invoices for traffic generation. Defendant refused to pay, arguing that plaintiff was liable for misleading commercial practices.
Plaintiff's website, an online price comparator, did not contain any information on the fact that it was an advertising website, did not update prices in real time and did not indicate the periods of validity of the offers. It did not indicate the shipping costs, terms of warranty and principal specifications of the offered goods or services.
According to the defendant, the plaintiff had therefore breached the prohibition on unfair commercial practices.