The plaintiff, a telecoms provider, organized a promotion that was advertised on the plaintiff’s website and in brochures and magazines. Some of the advertisements did not mention additional material conditions for signing up to the promotion.
The defendant investigated these advertisements. They were considered to represent a misleading commercial practice because they left consumers with the false impression of absence of additional conditions for signing up to the promotion.
The defendant banned the advertisements and ordered the preliminary enforcement of the ban. As a result, the ban became effective prior to its actual entry into force.
To suspend the preliminary enforcement, the plaintiff lodged an appeal, arguing that the ban is unfounded.