Case law

  • Case Details
    • National ID: Prescription of the Estonian Consumer Protection Board of 16 January 2013
    • Member State: Estonia
    • Common Name:Bakker Holland OÜ
    • Decision type: Administrative decision, first degree
    • Decision date: 16/01/2013
    • Court: Estonian Consumer Protection Board
    • Subject:
    • Plaintiff: Tarbijakaitseamet
    • Defendant: Bakker Holland OÜ
    • Keywords: average consumer, black list, confusion, false impression, misleading statements, prizes
  • Directive Articles
    Unfair Commercial Practices Directive, Annex I, 31.
  • Headnote
    Advertising information about the possibility of winning monetary prizes which creates the impression that the consumer has already won a prize, whereas in reality the consumer must undertake action to claim such a prize and where there is only a chance of winning the prize, constitutes an aggressive commercial practice.
  • Facts
    The defendant, a bakery company, had sent to consumers various advertising materials that contained confusing information with respect to the possibility of winning a prize.

    The main inconsistencies in the advertising were as follows. First, the materials stressed repeatedly that the consumer should send the application for a prize together with the filled out order form, which contradicted with the promise that the consumer was not required to order anything to claim the prize.

    Secondly, the materials contained repeatedly phrases such as “payment 100% guaranteed”, asked the consumer to choose the preferred method of receipt of the payment and stressed that obtaining the monetary prize depends solely from the consumer and his/her answer to the offer. In reality however, the chance of winning was in fact dependent on the results of a draw (hence, solely dependent on chance).

     
  • Legal issue
    The court found that even though the advertising materials referred in several instances only to the consumer’s possibility (hence not guarantee) to win the prize, the materials contained a lot of contradictory information, as a result of which they created the impression that the consumer had already won the prize from the perspective of an average consumer.

    As this was not the case in reality, the advertisements were considered to constitute blacklisted aggressive commercial practices (annex I, point 31).

     
  • Decision

    Does advertising information about the possibility of winning monetary prizes which creates the impression that the consumer has already won a prize, whereas in reality the consumer must undertake action to claim such a prize and where there is only a chance of winning the prize, constitute an aggressive commercial practice?

    Full text: Full text

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  • Result
    The court issued a precept to the defendant ordering it to cease the aggressive commercial practices and to refrain from such practices in the future.