Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgement A-2287-629/2020
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 10/06/2020
    • Teismas: Lietuvos vyriausiasis administracinis teismas
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: misleading advertising, discounts
  • Direktyvos straipsniai
    Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3
  • Įžanginė pastaba

    1. An advertisement stating that a certain product group has a discount, when in reality, there was no such discount, should be regarded as misleading.

    2. An advertisement stating that there is a discount for a plural amount of certain goods, when in reality the discount applied only to one product, even though the discount for this product was higher than advertised, should be regarded as misleading.

  • Faktai

    Competition Council of Lithuania fined UAB “GV Group” who owns an electronics store chain “Elektromarkt” for a misleading advertisement on its website www.elektromarkt.lt. The company appealed the Competition Council’s ruling. The First Instance Court dismissed the action.

  • Teisės klausimas

    1. Should an advertisement stating that a certain product group has a discount, when in reality, there was no such discount, be regarded as misleading?

    2. Should an advertisement stating that there is a discount for a plural amount of certain goods, when in reality the discount applied only to one product, even though the discount for this product was higher than advertised, be regarded as misleading?

  • Sprendimas

    1. Given that the maximum discount of 30 percent was not applied to any coffee machine, computer or tablet, and that the applicant did not deny this circumstance with any objective evidence, the Court finds that this advertisement does not meet the criterion of fairness established in Article 5 (2) of the Law of Advertising and is therefore misleading.

    2. Assessing advertising where watches are subject to up to 40% discount, it should be noted that information on the price of the service is essential for influencing the economic behaviour of the consumer. Thus, in the absence of any additional information in the advertising concerning the number of goods covered by such a sale, the consumer could reasonably expect that the sale would apply to a certain quantity of goods, i.e., for more than one item. The panel of judges agrees with the assessment of the Council and the Court of First Instance that such advertising was reasonably found to be misleading in accordance with Article 5 (2) (3) of the Law on Advertising. That assessment is not invalidated by the fact that 1 of the 17 watches marked in a particular category of goods benefited from a higher discount (50% discount) than that indicated in the 'Easter Sale' advertisement, since one watch with a higher discount was only 5.88% of the full range of watches offered in a particular product category, and the remaining products in that category benefited from significantly lower discounts than the maximum advertised.

    URL: https://eteismai.lt/byla/81202514970053/A-2287-629/2020

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  • Susijusios bylos

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  • Rezultatas

    The Court left the decision of the First Instance Court unchanged.