The court explained that a commercial practice is regarded as misleading when it omits material information that the average consumer needs to take an informed transactional decision, and thereby causes (or is likely to cause) the average consumer to take a transactional decision that he would not have taken otherwise.
According to the court, the radio commercial was misleading towards the consumer with regard to the main characteristics and the composition of the offered service, by not mentioning that the offer of a certain interest rate on a time deposit account was subject to the purchase of other financial products offered by the defendant.
The court further stated that the different forms of promotional campaigns (website, radio, leaflet) must be evaluated separately. The court thus decided that even if the promotion in one distribution channel is not misleading, this does not affect the possibly misleading character of the advertisement through another distribution channel.
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