Dettalji tal-Każ


Dettalji tal-Każ
ID Nazzjonali CCT 440/09 John Caruana v Bonsons Limited
Stat Membru Malta
Isem Komuni link
Tip ta’ deċiżjoni Deċiżjoni amministrattiva, l-ewwel grad
Data tad-Deċiżjoni 06/12/2010
Qorti Maltese Consumer Tribunal
Suġġett
Rikorrent John Caruana
Intimat Bonsons Limited
Kliem Prinċipali material information, product characteristics

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (a)

The offering of a product under a false mark constitutes an unfair commercial practice.
The plaintiff purchased a quad motor bike from the defendant.

Later, the plaintiff established that the motor bike he had purchased, was of another mark than the mark depicted on the motor bike.
Does the offering of a product under a false mark constitute an unfair commercial practice?
In a short reasoning, the court ruled that the defendant had deliberately sold the quad bike under a different mark, thus misleading the consumers to take a transactional decision which they would not have taken otherwise. The mark of a product, so the court held, is essential information which allows the consumers to take an informed decision.

According to the court, it was the intention of the defendant to mislead its consumers.

A misleading practice was therefore established.
Test sħiħ: Test sħiħ

Ebda riżultat disponibbli

Ebda riżultat disponibbli

The court ordered the defendant to pay damages to the plaintiff.