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Case Details

Case Details
National ID CCT 2/10 Kenneth Ciangura vs AR Tech Limited
Member State Malta
Common Name link
Decision type Court decision, first degree
Decision date 06/12/2010
Court Maltese Consumer Tribunal
Subject
Plaintiff Kenneth Ciangura
Defendant AR Tech Limited
Keywords material information, product characteristics

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (a)

Not providing information on the expected life duration of a product, constitutes a misleading omission.
The plaintiff had purchased a solar water heater system.

After a period of time, some parts of the water tank began to rust and leaks were established. According to the plaintiff, the defendant had not informed the plaintiff on the relatively quick worsening of the water tank's state.
In a short reasoning, it was held by the court that the information on the expected life duration of a product is essential information.

Next, the defendant could not prove such information was communicated to the plaintiff.



As a result, according to the court, the plaintiff had not been provided with all relevant information in order to make an informed transactional decision. Hence, the defendant had breached the prohibition on misleading omissions.

 
Does it constitute a misleading omission not to provide information on the expected life duration of a product?
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The court ordered the defendant to repair the system or to pay a certain amount of compensation.