The plaintiff distributed its own magazine called "House of Nature", which was visually similar to typical commercial magaznes, and contained articles on the plaintiff’s products, answers to readers’ questions mentioning plaintiff’s products, as well as readers’ positive feedback on the plaintiff’s products.
The defendant conducted an investigation of this magazine and concluded that by its content and front cover it created the impression of ordinary publication providing public information, while actually advertising the plaintiff’s products in various forms. The defendant noted that neither the front cover, nor the inner pages of the magazine exposed its advertorial nature, and that separate sections of the magazine was not marked as an "advertisement". For these reasons, the magazine was deemed to be a misleading commercial practice that breached Annex I-11 of the UCP Directive. The defendant imposed a fine of LTL 4.000 (about 1.143 EUR) for misleading commercial practices under the black list.
The plaintiff appealed the defendant’s decision before the Vilnius Regional Administrative Court, arguing that the unfair commercial practice was not proved in the case