Case law

  • Case Details
    • National ID: ECLI:NL:RBMNE:2015:6985
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 30/09/2015
    • Court: District Court Midden-Nederland
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer, informed choice, informed decision, misleading commercial practices, misleading statements, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (a)
  • Headnote
    Falsely or unjustly carrying quality marks in the normal course of business qualifies as an unfair commercial practice under Article 5 paragraph 4 under a of Directive 2005/29/EC.
  • Facts
    The plaintiff enrolled in the defendant's course to become a Hijama-therapist. The defendant claimed to have several quality marks of certified organizations. This information was decisive for the plaintiff to enroll in the course. The plaintiff paid an amount to the defendant and subsequently started the course. After a couple of months, the plaintiff discovered that, at the time of enrollment, the defendant was not in possession of the claimed quality marks. The plaintiff annuls the agreement and claims her payments back. The court decides that the agreement was validly annulled and condemns the defendant to pay back the cost of the course to the plaintiff.
  • Legal issue
    The court establishes that the plaintiff is a consumer and the defendant was acting in the course of her business. If a trader carries a quality mark without having the required permission to do so, he/she exercises a misleading commercial practice on grounds of Article 5 paragraph 4 under a of Directive 2005/29/EC / Article 193g heading and under b DCC under all circumstances.
  • Decision

    Does the unjust carrying of quality marks in the normal course of business qualify as an unfair commercial practice?

    URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBMNE:2015:6985

    Full text: Full text

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  • Result
    The court grants the plaintiff's request and declares the annulment valid before law, convicts the defendant to pay an amount of €560 to the plaintiff and convicts the defendant to pay the legal costs. The rest of the plaintiff's requests are denied.