Case law

  • Case Details
    • National ID: ECLI:NL:RBAMS:2015:6028
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 11/08/2015
    • Court: District court Amsterdam
    • Subject:
    • Plaintiff: Club Sportive Diemen B.V. operating under the name Train More Diemen
    • Defendant: Unknown
    • Keywords: information requirements, informed decision, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, link
  • Headnote
    Failure to report essential information to a consumer about an automatic subscription for a gym membership qualifies as an unfair commercial practice.
  • Facts
    A voucher for three or six months of unlimited exercise was placed by the plaintiff on In the conditions, nothing was mentioned regarding an automatic membership. The defendant decided to subscribe himself to the plaintiff's gym for the six month promotion. The paper subscription form included a condition that stated the following: ''After six months my Social Deal subscription is automatically converted into a TrainMore Basic membership for €9,95 per week, unless I cancel my subscription one month before end date.'' The defendant stated that he explicitly did not sign this condition. The plaintiff claims he did and says the defendant subsequently failed to cancel the subscription. The defendant claims that he did cancel the subscription. The court decides that the plaintiff is guilty of unfair commercial practices.
  • Legal issue
    Failure to report to a consumer that a subscription will automatically be converted into a membership is an unfair commercial practice because the seller denies the consumer essential information and, in doing so, limits the ability of the average consumer to make an informed decision. The court ruled that the plaintiff acted unlawfully against defendant on grounds of Article 5 Directive 2005/29/EC (implemented into Dutch law by article 193b of the Dutch Civil Code).
  • Decision

    Does the failure to report essential information to a consumer about an automatic subscription for a gym membership qualify as an unfair commercial practice?


    Full text: Full text

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  • Result
    The court denies the plaintiff's request for payments of the claimed installments, convicts the plaintiff to pay the legal costs and an additional fee and declares the conviction effective immediately.