Case law

  • Case Details
    • National ID: CCT 354/09 Joseph Cassar v George Barbara
    • Member State: Malta
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 05/07/2010
    • Court: Maltese Consumer Tribunal
    • Subject:
    • Plaintiff: Joseph Cassar
    • Defendant: George Barbara
    • Keywords: material information, product characteristics
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.
  • Headnote
    Not providing information on the quality of a product constitutes a misleading omission.
  • Facts
    The plaintiff had purchased an engine of the defendant.

    After a period of time, the engine established some defects, for which the defendant was held liable.

    According to the plaintiff, the defendant had not informed the plaintiff on the quality of the product.

     
  • Legal issue
    In a short reasoning, it was held by the court that the information on the quality of a product is essential information.

    Next, the defendant could not prove such information was communicated to the plaintiff.

    As a result, according to the court, the plaintiff had not been provided with all relevant information in order to make an informed transactional decision. Hence, the defendant had breached the prohibition on misleading omissions.
  • Decision

    Does it constitute a misleading omission not to provide information on the quality of a product?

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The Tribunal ordered the vendor to pay damages.