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Case Details

Case Details
National ID CCT 354/09 Joseph Cassar v George Barbara
Member State Malta
Common Name link
Decision type Court decision, first degree
Decision date 05/07/2010
Court Maltese Consumer Tribunal
Subject
Plaintiff Joseph Cassar
Defendant George Barbara
Keywords material information, product characteristics

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

Not providing information on the quality of a product constitutes a misleading omission.
The plaintiff had purchased an engine of the defendant.

After a period of time, the engine established some defects, for which the defendant was held liable.

According to the plaintiff, the defendant had not informed the plaintiff on the quality of the product.

 
In a short reasoning, it was held by the court that the information on the quality 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 quality of a product?
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The Tribunal ordered the vendor to pay damages.