Case law

  • Case Details
    • National ID: J.nr.: 12/03779
    • Member State: Denmark
    • Common Name:link
    • Decision type: Other
    • Decision date: 11/03/2013
    • Court: The Danish Consumer Ombudsman
    • Subject:
    • Plaintiff: Forbrugerombudsmanden (the Danish Consumer Ombudsman)
    • Defendant: Onfone ApS
    • Keywords: limitations imposed by the medium, material information, misleading advertising, price, price information
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.
  • Headnote
    A television commercial, in which essential price information is mentioned only in small print and during a few seconds only, constitutes a misleading commercial practice.
  • Facts
    The defendant, a mobile phone service provider, marketed a mobile phone subscription during a television commercial.

    However, essential price information was depicted in small print only and the printed text was furthermore displayed only for a few seconds.

     
  • Legal issue
    According to the Danish Consumer Ombudsman, the television commercial concerned was misleading advertising as essential price information was printed too small and not displayed long enough.
  • Decision

    Does a television commercial, in which essential price information is mentioned only in small print and during a few seconds only, constitute a misleading commercial practice?

    URL: http://www.forbrugerombudsmanden.dk/Nyheder-fra-FO/Pressemeddelelser/Teleselskab-betaler-boede-paa-200000-kr?tc=D74929A5CD4D4F43909476CBFC7C9FE1

    Full text: Full text

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  • Result
    The defendant was fined DKK 100,000 (approx. EUR 13,700).