• Rechtssachenbeschreibung
    • Nationale Kennung: 4 Ob 186/08v
    • Mitgliedstaat: Österreich
    • Gebräuchliche Bezeichnung:Online-Fernsehen
    • Art des Beschlusses: Beschluss des Obersten Gerichts
    • Beschlussdatum: 18/11/2008
    • Gericht: Oberster Gerichtshof, Wien
    • Betreff:
    • Kläger: N/A
    • Beklagter: N/A
    • Schlagworte: average consumer, distortion, economic interests, general scope of the UCP Directive
  • Artikel der Richtlinie
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2.
  • Leitsatz
    A commercial practice which solely includes providing information free of charge to consumers and which does not comply with relevant legislation, generally cannot be considered as an unfair commercial practice.
  • Sachverhalt
    The defendant operates a website accessible under the domain name www.l***.at which contains certain free of charge on-demand services, all related to reports and information about city development, culture, economic issues, tourism and sport. The website is being financially supported by a number of designated sponsors, who are granted advertising space. The website's imprint did not contain all the legally required information according to the e-Commerce Directive, e.g., there was no info on the scope of business, VAT number, etc.

    According to the plaintiff's reasoning, this practice has to be assessed as a misleading commercial practice under the Unfair Competition law which is suitable to substantially influence a consumer's economic behaviour. According to the defendant, it is of essential importance for a consumer to be offered the legally required information on the imprint such as ownership structure, editorial policy, and scope of business.

    The defendant on the other hand, argued that the aforementioned omissions were of inferior importance only, not capable of influencing the consumer's economic behaviour.
  • Rechtsfrage
    Does a commercial practice, mainly consisting of providing information free of charge to consumers and which does not comply with applicable legislation, be considered an unfair commercial practice?
  • Entscheidung

    The court stated that, assessed on an abstract level, a commercial practice free of charge generally does not influence the consumer's economic behaviour.

    Even if such commercial practice contradicts the requirements of professional diligence, e.g. by not complying with all relevant legislation, it generally does not constitute an unfair business practice according to section 1 paragraph 1 Unfair Competition Act.


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  • Verbundene Rechtssachen

    Keine Ergebnisse verfügbar

  • Rechtsliteratur

    Keine Ergebnisse verfügbar

  • Ergebnis
    The plaintiff's request was denied.