Case law

  • Case Details
    • National ID: MD 2014:7
    • Member State: Sweden
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 25/07/2014
    • Court: The Swedish Market Court
    • Subject:
    • Plaintiff: The Consumer Ombudsman
    • Defendant: Media-Saturn Nordic Shared Services AB
    • Keywords: consumer rights, insurance contract, misleading advertising
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b)
  • Headnote
    The marketing of a beneficial credit with no interest or fees does not itself constitute unfair commercial practice.
  • Facts
    During the summer of 2013 the defendant was marketing a consumer credit through TV-commercials, advertisements and posts on their website. The consumer credit could be used when purchasing home electronics from the defendant. The credit was free of charge, with no interest and the credit period could be up to 30 months.
  • Legal issue
    The court initially states that the marketing of a credit, which violates the Swedish code of standards for credit granting, is regarded as an unfair commercial practice. According to the general advice on consumer credits, published by the Swedish Consumer Agency, a credit should not be presented in any way that may mislead the consumers on the economic consequences or give the impression that the credit will have no or only a small impact on their economy.

    The court finds that the credit at hand is beneficial to the consumer and already by its content, the offered credit must be an attractive alternative to cash payment. Furthermore, the marketing in question is emphasized by a driven, however not intrusive, design of the marketing. The court however finds that merely the fact that the credit is beneficial does not imply that the marketing is contrary to good marketing practice or good credit pratices.

    The court states that the average consumer has the ability to calculate how a credit of this kind would affect their economy during the credit period, especially since both the total price and the monthly cost had been indicated. The court therefore finds that the marketing is not intended to mislead the consumers on the economic consequences and that it does not constitute unfair market practice.
  • Decision

    Does the marketing of a beneficial credit without interest or fees constitute unfair commercial practice?

    URL: http://www.marknadsdomstolen.se/Filer/Avgöranden/Dom2014-7.pdf

    Full text: Full text

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  • Result
    The court dismisses the plaintiff's claims.