Case law

  • Case Details
    • National ID: J.nr.: 12/03125
    • Member State: Denmark
    • Common Name:J.nr.: 12/03125
    • Decision type: Other
    • Decision date: 18/04/2013
    • Court: The Danish Consumer Ombudsman
    • Subject:
    • Plaintiff: Forbrugerombudsmanden (the Danish Consumer Ombudsman)
    • Defendant: DanTaxi
    • Keywords: environmental claim, environmental marketing, false impression, inaccurate information, misleading advertising, misleading statements
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b)
  • Headnote
    A statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitutes a misleading advertising.
  • Facts
    The defendant, a taxi company, had a label on its taxis saying that the taxi company used more environment-friendly taxis than any other Danish taxi company.

    However, the defendant did not provide any proof of this allegation.  
  • Legal issue
    The Danish Consumer Ombudsman stated that the defendant could not prove the accuracy of its statement and thus the company was required to remove the label.
  • Decision

    Does a statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitute a misleading advertising?

    URL: http://www.forbrugerombudsmanden.dk/Nyheder-fra-FO/Pressemeddelelser/Taxiselskabs-markedsfoering-med-klimavenlig-koersel-var-vildledende?tc=D74929A5CD4D4F43909476CBFC7C9FE1

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The taxi company was required to remove the label.
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