Unfair Commercial Practices Directive, Chapter 1, Article 2, (b) Unfair Commercial Practices Directive, Chapter 1, Article 2, (d)

(1) A sports club that does not engage in any for-profit commercial activity is not a trader within the meaning of the Marketing Practices Act.

(2) The practice of distributing pamplets with a view to recruiting members is not a commercial practice within the meaning of the Marketing Practices Act.

A consumer and a golf club asked the Consumer Ombudsman whether the golf club's practice of recruiting members by distributing pamplets to local residences was a violation of the Marketing Practices Act. The golf club did not operate any store or cafeteria and it did not charge any payment for participation in its activities. The pamplet contained information on the membership fee but it did not contain any advertisements nor did it mention any commercial activity.

The Consumer Ombudsman stated that the golf club was an athletic association with a non-commercial purpose and thus not a trader within the meaning of the Marketing Practices Act. Furthermore, the Consumer Ombudsman noted that an association's recruitment of members was not a commercial activity within the meaning of the Marketing Practices Act and that the distribution of pamplets with that intent was not either.

(1) Is a sports club that is not engaged in any commercial activity a trader within the meaning of the Marketing Practices Act?

(2) Is the practice of distributing pamplets with a view to recruiting members a commercial practice within the meaning of the Marketing Practices Act?

URL: http://www.forbrugerombudsmanden.dk/Find-sager/Markedsfoeringsloven/Sager-efter-markedsfoeringsloven/markedsfoeringsloven/Golfklub-kunne-lovligt-omdele-folder-uanset-Nej-takordningerne

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The complaint was dismissed.