The Lidl company, whose business is large-scale distribution in the food, small electrical appliances and DIY sectors, operates a chain of supermarkets in France. ITM Alimentaire International (ITM), accused Lidl of not having complied, between September and November 2015, with the provisions of Article 8 of Decree No. 92-280 of 27 March 1992 prohibiting television advertising for promotional sales in the distribution sector and sued it for damages resulting from unfair commercial practices. The advertisement was found to be misleading for consumers by the Evry Commercial Court and the Paris Court of Appeal, which considered that the "best channel" distinction had not been obtained following a rigorous process, in particular because of the small panel of people consulted to establish this independent ranking.