Case law

  • Case Details
    • National ID: ECLI:NL:GHDHA:2014:4446
    • Member State: Netherlands
    • Common v. Hotel Booker &
    • Decision type: Court decision in appeal
    • Decision date: 23/12/2014
    • Court: Court of appeal Den-Haag
    • Subject:
    • Plaintiff:
    • Defendant: Hotel Booker &
    • Keywords: advertisement, code of conduct, trader, unfair commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (i) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4. Unfair Commercial Practices Directive, link
  • Headnote
    (1) A commercial expression by a provider of hotel deals can be qualified as an 'invitation to purchase' as mentioned in article 2 subsection i, of Directive 2005/29.

    (2) National codes of conduct are an important indication in the explanation of the national law and Directive 2005/29.
  • Facts provides hotel packages on a couple of websites such as and Hotel Booker provides, through various websites and various trademark names (such as, offers for hotel rooms and hotel packages. offers the sale of coupons by auctions for hotel deals on its website For certain organizations in the travel industry, the Advertising Code for Travel Deals is applicable. This code is part of The Dutch Advertising Code. pointed out to Hotel Booker c.s. that they are exploiting an unfair commercial practice as they are leaving out unavoidable costs such as tourist tax. did not reply to this accusation. sent a letter to to inform them that they made changes to their advertising which were less misleading. However, did not find the changes adequate and sent another letter informing them to meet the requirements. No reply was sent in response to this letter by
  • Legal issue
    (1) According to the Sving Sverdige-case, the HvJ EU concludes that a high degree of consumer protection is in line with the definition of 'invitation of purchase' mentioned in Directive 2005/29/EG. This article should therefore not be defined in a restrictive way. This means the commercial expressions of these providers of hotel deals are incomplete as they only mentioned the price and destination and no other (important) information that is essential to accept the offer.
    (2) National codes of conduct do not bind parties but are an important explanation of the national law and Directive 2005/29. This is partly due to the expertise of the parties that drafted the code of conduct. Additionally, in recital 20 of Directive 2005/29, it is mentioned that code of conducts can help explain the national laws and Directive 2005/29, which helps the traders.
  • Decision

    (1) Can a commercial expression made by a provider of hotel deals be qualified as an 'invitation to purchase'?

    (2) Is a national code of conduct in which a member state provides stricter rules a document which has the same status as the national law and the Directive?


    Full text: Full text

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  • Result
    The court discards the first instance court's judgement and the plaintiff's requests are partly granted and partly denied.