Unfair Commercial Practices Directive, Chapter 1, Article 2, (d)

Organizing a prize drawn by a trader, whose access is in no way linked to the purchase of trader's products, cannot be considered as a commercial practice.

The plaintiff is a retail chain. Plaintiff organised a draw (raffle) at its stores. A sole condition for participation in the draw was filling a coupon for participation. Taking part in the draw was in no way linked to purchasing a product.

The defendant considered that staging such a draw resulted in a misleading commercial practice and banned it.  

Does organizing a prize draw by a trader,whose access is in no way linked to the purchase of trader's products, to be considered as a commercial practice?

The court overruled the decision of the defendant. It was held that organizing the draw in question did not amount to a “commercial practice” in the meaning of the national equivalent of Article 2(d) of the UCP Directive because the draw did not directly relate to enticing the purchase or the delivery of a good/service.

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The court upheld the first instance court’s judgment that overturned the defendant’s ban.