Case law

  • Case Details
    • National ID: J. nr. 10/01058
    • Member State: Denmark
    • Common Name:link
    • Decision type: Other
    • Decision date: 01/09/2010
    • Court: The Danish Consumer Ombudsman
    • Subject:
    • Plaintiff: The Danish Consumer Ombudsman
    • Defendant: Boligsiden A/S
    • Keywords: confusion, endorsement, false impression, misleading commercial practices, misleading statements
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.
  • Headnote
    When a website is not approved by public authorities, it is misleading to give it a title such as "Official Housing Site".
  • Facts

    The trader, Boligsiden A/S, marketed its website as "Denmark's Official Housing Site".

    The Danish Consumer Ombudsman criticized the trader for violating the Executive Order on Unfair Commercial Practices nr. 1084 of 14 September 2007 (which implements the UCP Directive), as the phrase gave the impression that the website was approved by a public authority, although it was not the case.
  • Legal issue
    According to the Danish Consumer Ombudsman, this kind of advertising was a violation of the prohibition against misleading commercial practices pursuant to the Danish Marketing Practices Act as well as the Executive Order on Unfair Commercial Practices.
  • Decision

    Is a website title such as "Official Housing Site" misleading because it gives the (wrongful) impression that the website is approved by public authorities, while such is not the case?


    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    Boligsiden A/S removed the phrase from the website, and the Danish Consumer Ombudsman closed the case.