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Case Details

Case Details
National ID MD 2013:3
Member State Sweden
Common Name MD 2013:3
Decision type Court decision in appeal
Decision date 05/02/2013
Court The Swedish Market Court
Subject
Plaintiff Sveriges Begravningsbyråers Förbund
Defendant Looströms Begravningsbyrå AB
Keywords administrative authority, authorisation, endorsement, health and safety, misleading advertising, misleading commercial practices, rights of the trader

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (f) Unfair Commercial Practices Directive, Annex I, 4.

Claiming in an advertisement for funeral services that the trader is “authorized” to deliver such services, without the trader having obtained the mandatory valid authorization, constitutes a misleading commercial practice but does not constitute a blacklisted commercial practice.
The defendant had previously offered funeral services as an authorized trader.

However, at the time of the contested advertisements (still for funeral services), the trader was no longer under the supervision of the private body issuing the authorization.
The court first considered that the trader used to be an authorized trader of funeral services.

The court then noted that the blacklist should not be extensively interpreted and therefore found that the advertising practice did not constitute a blacklisted commercial practice.

The court however found that the information of the authorization was misleading and likely to materially distort the economic behavior of the average consumer and therefore constituted a misleading commercial practice.  
Does claiming in an advertisement for funeral services that the trader is “authorized” to deliver such services, without the trader having obtained the mandatory valid authorization, constitute a misleading or blacklisted commercial practice?
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The marketing was found to constitute a misleading commercial practice and the plaintiff was granted its request.