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Case Details

Case Details
National ID CCT 29/10 Anne Marie & Eman Vella vs. International Sales Direct
Member State Malta
Common Name link
Decision type Court decision, first degree
Decision date 04/10/2010
Court Maltese Consumer Tribunal
Subject
Plaintiff Anne Marie Vella and Eman Vella
Defendant International Sales Direct
Keywords material information, product characteristics

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.

It is a misleading commercial practice not to inform consumers on the requirements that have to be met in order to successfully use a product.
A so-called "reverse osmosis" system, a filtration mechanism, had been installed at the plaintiffs' residence but continuously suffered damages.

The plaintiffs filed a complaint against the defendant.

However, according to the defendant, the malfunctions established were due to high water pressure at plaintiffs' residence.
In a short reasoning, it was held by the court that the information on water pressure was essential information for the plaintiffs. The defendant could not prove that he had communicated this essential information to the plaintiffs.

As a result, the court ruled that when a trader does not provide a consumer with full details regarding the product being sold, including all requirements to successfully make use of the product, this misleads the average consumer and this could lead a consumer to take a transactional decision that he would not have taken otherwise.
Is it a misleading commercial practice not to inform consumers on certain requirements that have to be met in order to use a product?
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Plaintiff's request was granted and a compensation was awarded.