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

Advertising false claims as regards an academic qualification constitutes a misleading commercial practice.

On 29 March 2011, the Italian Competition Authority decided to start its investigation proceeding against the defendant, in order to ascertain whether the internet advertisement relating to a musical indication named "Bachelor of Art in Contemporary Pop Music" was misleading.



More in particular, the defendant advertised that the education in question had the legal value of a so-called "First Cycle Degree" in Italy (so-called "Laurea di Primo Livello"). In addition, it was claimed that the title was awarded by Middlesex University. Finally, the defendant also stated that the diploma of education was automatically recognized by all other EU Member States.

 

Based on the evidence gathered in the course of the investigations, the Authority stated that the claims made, were false, as it was established that:

- the music course lacked the requisites set out by the Ministry Decree 270/2004 for the "First Cycle Degree", hence it did not have the legal value of such a degree;

- the diploma of education was awarded by a legal person not entitled to certify academic qualifications and definitively not linked to Middlesex University; and

- in order to obtain the advertised automatic recognition in other EU Member States, in accordance with the Law of 11 July 2002, no. 148 Ratification and execution of the Lisbon Convention of 11 April 1997, an express request to the academic institutions was needed.

Based on the above considerations, the Authority concluded that defendant's practice was unfair, since it failed to provide correct information for the average consumer to be able to take an informed transactional decision with respect to taking part in the course.

Does advertising false claims as regards an academic qualification, constitute a misleading commercial practice?

URL: http://www.agcm.it/consumatore/consumatore-delibere/open/C12560D000291394/C4180900CCDCC720C125790B00383A6D.html

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The Authority fined defendant with 14.000 Euros.