The appellant Melita Mobile Limited appealed the decision taken by the Director General of Consumer Affairs taken on the 17th July 2009 which ruled that adverts and other marketing material used by the appellant amounted to unfair/ misleading commercial practice. The Director decided that Melita's marketing campaign which included the phrase "Up to 30% cheaper mobile call rates," was unfair and misleading as dictated 51B, 51C(b)(iv) and 51D of the Consumer Affairs Act (which implement respectively Article 5, Article 6.1(d) and Article 7 of Directive 2005/29 into Maltese law), and that it could mislead consumers since the phrase did not inform the consumer off the actual price scheme.
Melita in its appeal argued inter alia that:
i) It is true that Melita's mobile rates were cheaper than its competitors and that the phrase was clear enough for a "reasonably well informed and reasonably observant and circumspect" consumer that makes "intelligent choices".
ii) The Director's interpretation of 51 D, regarding misleading ommissions (which implements into Maltese law Article 7 of Directive 2005/29) was mistaken since Melita was not able to express all the terms and conditions because the advert was intended to be short and brief. Meanwhile, such extra information was available to the consumer via brochures, shops and its website.