Case law

  • Case Details
    • National ID: 14-85.791
    • Member State: France
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 01/09/2015
    • Court: Supreme court
    • Subject:
    • Plaintiff: Société Marionnaud parfumeries
    • Defendant: Unknown
    • Keywords: advertisement, communication medium, information obligation, limitations imposed by the medium
  • Directive Articles
    Unfair Commercial Practices Directive, link
  • Headnote
    When assessing the misleading nature of a radio advertisement which would fail to detail all conditions on the basis of which the anticipated offers may be granted, the communication means and related context must be be taken into account, including measures taken to prevent information from being missing?
  • Facts
    The plaintiff, a perfume company, broadcasted a radio advertisement which failed to indicate that the offer was conditional, for a restricted period of time, intended exclusively for loyalty card holders and subject to a minimum purchase amount of 60€.
  • Legal issue
    The inherent limitations of the communication means used by a professional, its surrounding circumstances and measures taken by the professional to inform the consumer via other means, shall be taken into account to assess whether or not a radio advertisement which would not provide all conditions to obtain an advantage, constitutes a misleading commercial practice, as provided at Article L. 121-1-II of the Consumer Code.
  • Decision

    When assessing the misleading nature of a radio advertisement which would fail to detail all conditions on the basis of which the anticipated offers may be granted, should the communication means and related context be taken into account, including measures taken to prevent information from being missing?

    URL: https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000031134665&fastReqId=869677857&fastPos=1

    Full text: Full text

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  • Result
    The court dismissed the appeal.