Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: Belgacom / Telenet
    • Lidstaat: België
    • Gangbare benaming:N/A
    • Soort beslissing: Beslissing hooggerechtshof
    • Datum beslissing: 05/12/2013
    • Gerecht: Hof van Cassatie
    • Onderwerp:
    • Eiser:
    • Verweerder:
    • Trefwoorden: general discussion, price, scope of the Directive
  • Richtlijnartikelen
    Price Indication Directive, Article 2, (a)
  • Koptekst
    The obligation to indicate the total price for goods and services only applies to the communication of all those price elements which a trader will impose in each event regardless of the choice of the consumer, and not to price elements which depend on the consumer's decision.
  • Feiten
    Plaintiff claimed that defendant was guilty of not indicating the final price with regards to one of its advertisements. This was allegedly the case because plaintiff did not factor the price of the underlying cable subscription into its digital television service.

    Both in first instance, as on appeal did the courts agree that the defendant was under no obligation to include the underlying cable subscription into the final price.

    Plaintiff then appealed to the Supreme Court.
  • Juridische kwestie
    Does the obligation to indicate the total price for goods and services apply only to the communication of all those price elements which a trader will impose in each event regardless of the choice of the consumer, and not to price elements which depend on the consumer's decision?
  • Uitspraak

    The court relies on parliamentary preparation to reach its findings and also on factual circumstances when it refutes plaintiff's claim that it is contradictory to state that is necessary to have a cable subscription to be able to enjoy digital television whilst also stating that a cable subscription is not a mandatory extra service that requires payment as the consumer who already has a cable subscription is not required to renew that subscription in order to be able to enjoy digital television.

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat
    The court dismissed the appeal.