The plaintiff, a shoe selling company, distributed leaflets across the Internet advertising a 40% discount applicable in the web shops operated by the plaintiff, and this on the autumn/winter collection of shoes.
After conducting a research, the defendant had established that it was not possible to clearly determine whether or not the product of the plaintiff pertained to the autumn/winter collection, hence would benefit from the discount advertised.
The defendant fined the plaintiff for unfair commercial practice, and the plaintiff appealed to this decision.