Case law

  • Case Details
    • National ID: Court of Appeal, Judgement 3/2011/1
    • Member State: Malta
    • Common Name:Borg Bonello Benny vs Awtorita' ta' Malta Ghall-Kompetizzjoni u Ghall-Affarijiet tal-Konsumatur u d-Direttur Generali (Konsumatur)
    • Decision type: Administrative decision in appeal
    • Decision date: 29/10/2019
    • Court: Court of Appeal
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords: misleading action, misleading omission, B2C, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7
  • Headnote


    In carrying out its transport services, Arriva Malta Limited had the power to impose fines on passengers. However, consumers were not informed of this power when they were given information regarding how Arriva Malta Limited would operate. In doing so, Arriva Malta Limited omitted from giving consumers the material information they would need to make an informed decision before using these services and deceived the average consumer by not explaining the risks consumers may face when making use of such services.

  • Facts

    The plaintiff, who is the president of the local consumer organisation Ghaqda tal-Konsumaturi, complained to the Director-General (Consumer Affairs) regarding Arriva Malta Limited’s provision of transport services. One of the issues complained about concerned the fact that Arriva Malta Limited engaged in unfair commercial practices as it did not inform consumers about the conditions attached to the tickets purchased and the ticket fares.

    This judgement is the defendant’s appeal from the Competition and Consumer Appeals Tribunal’s decision.

  • Legal issue

    The fact that Arriva Malta Limited was implementing a new transport system does not excuse its unfair commercial practices.

  • Decision

    The plaintiff had an interest in bringing a complaint against the defendant because the complaint dealt with issues that were in the interest of consumers generally.


    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result

    The Court dismissed the Director General’s appeal and upheld the decision of the Competition and Consumer Appeals Tribunal.