Case law

  • Case Details
    • National ID: [2015] IEHC 495
    • Member State: Ireland
    • Common Name:N/A
    • Decision type: Other
    • Decision date: 09/06/2015
    • Court: High Court
    • Subject:
    • Plaintiff: Aldi Stores (Ireland) Limited & anor
    • Defendant: Dunnes Stores
    • Keywords: advertiser, advertising, comparative advertising, competition, trade mark, unfair commercial practices
  • Directive Articles
    Misleading and Comparative Advertising Directive, link Unfair Commercial Practices Directive, link
  • Headnote
    This decision suggests that in practice it will be very difficult to defend comparative advertising, particularly in the grocery sector.
  • Facts
    In this case Aldi claimed that Dunnes Stores had engaged in unlawful comparative advertising in its stores when it compared fifteen of its products with those of Aldi.

    The Court held that Dunnes Stores, one of Ireland’s largest retailers, had infringed the Irish comparative advertising regulations by its use of a comparative advertising campaign with leading global discount supermarket chain Aldi in 2013.
  • Legal issue
    Did the comparative advertising campaign carried out by Dunnes Stores in 2013, in which it compared fifteen of its products with those of Aldi, breach the provisions of the Consumer Protection Act 2007?
  • Decision

    In granting the injunction against Dunnes Stores, Mr Justice Cregan made particular reference to the “cavalier attitude” Dunnes had displayed towards Aldi’s complaints. The failure on the part of Dunnes to reply to basic correspondence was considered to be “beyond mere discourtesy”. This disregard for Aldi’s rights informed the Judge’s decision to grant the injunction, even though the campaign had ceased.


    Full text: Full text

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  • Result
    The High Court granted the injunction against Dunnes Stores.