Case law

  • Case Details
    • National ID: Forbrugerombudsmandens afgørelse i sag 13/02559
    • Member State: Denmark
    • Common Name:The Consumer Ombudsman's decision in case 13/02559
    • Decision type: Administrative decision, first degree
    • Decision date: 01/01/2013
    • Court: The Consumer Ombudsman
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: advertisement, consumer, environmental marketing, misleading omissions, price information
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c)
  • Headnote
    1) Environmental fees must be included in the listed price.

    2) The advertiser as well as the publisher are responsible for providing the consumers with the required information.
  • Facts
    Two hotels marketed offers on hotel stays through a so-called "dealsite". The price listed on the dealsite did not include an environmental fee.
  • Legal issue
    The Consumer Ombudsman noted that the listed price must include all taxes when making an invitation to purchase and that this includes environmental fees. Moreover, the Consumer Ombudsman stated that using an intermediary did not exempt the parties from their responsibilities under the law.
  • Decision

    1) Is it required to include environmental fees in the price?

    2) Are both the advertiser as well as the publisher responsible for providing consumers with the required information?

    URL: http://www.forbrugerombudsmanden.dk/Find-sager/Markedsfoeringsloven/Sager-efter-markedsfoeringsloven/prismarkedsfoering/Miljoetillaeg

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The traders had to include the environmental fee in the listed price.