The defendant is the media owner of the monthly published magazine, "medizini". The magazine is for children between five and twelve years of age and is distributed for free in pharmacies.
The defendant organized a prize draw in which children could participate by calling a premium rate number, while the former only received what corresponds to a lump-sum expense for the call. It was also possible to participate in the prize draw by writing a post card and sending it to the defendant.
The plaintiff stated that by inviting children to participate in the prize draw and hence to call the number, it is an invitation to a sale offer which is illegal under the unfair competition law.