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Case Details

Case Details
National ID CCT 440/09 John Caruana v Bonsons Limited
Member State Malta
Common Name link
Decision type Administrative decision, first degree
Decision date 06/12/2010
Court Maltese Consumer Tribunal
Plaintiff John Caruana
Defendant Bonsons Limited
Keywords material information, product characteristics

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (a)

The offering of a product under a false mark constitutes an unfair commercial practice.
The plaintiff purchased a quad motor bike from the defendant.

Later, the plaintiff established that the motor bike he had purchased, was of another mark than the mark depicted on the motor bike.
In a short reasoning, the court ruled that the defendant had deliberately sold the quad bike under a different mark, thus misleading the consumers to take a transactional decision which they would not have taken otherwise. The mark of a product, so the court held, is essential information which allows the consumers to take an informed decision.

According to the court, it was the intention of the defendant to mislead its consumers.

A misleading practice was therefore established.
Does the offering of a product under a false mark constitute an unfair commercial practice?
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The court ordered the defendant to pay damages to the plaintiff.