Case law

  • Case Details
    • National ID: TSJ de Madrid, (Sala de lo Contencioso-Administrativo) Sentencia num. 621/2015 de 8 octubre
    • Member State: Spain
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 08/10/2015
    • Court: Superior Court of Madrid
    • Subject:
    • Plaintiff: CABLEUROPA, S.A.U. (ONO)
    • Defendant: Autonomous Community of Madrid (Comunidad de Madrid)
    • Keywords: price indication, price information, selling price
  • Directive Articles
    Price Indication Directive, Article 2, (a) Price Indication Directive, Article 4, 1.
  • Headnote
    The price showed in electronic commercial advertising materials must be inclusive of all taxes and components, i.e. it must be the full final price.
  • Facts
    The plaintiff had launched an advertising campaign of his product, consisting of a pack of telephone, internet and cable TV services. In the electronic advertising materials, only the price for the internet service was shown; additionally, it did not include VAT. However, a link was displayed to the all-encompassing tariffs with VAT included.
  • Legal issue
    The Court stated that showing only the part of the price which is more attractive (in this case the price of the internet service and not that of the cable TV and telephone services) and without including VAT is against the regulations applicable to the price of promotions, which stipulate the obligation of traders to display the full final price, inclusive of taxes. These regulations are applicable to distance contracting too.
  • Decision

    Is it compliant with the requirements of price indications regulations to show a price which does not include taxes and other concepts, but to provide a link where all the full final prices appear?

    Full text: Full text

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  • Result
    The advertising materials, due to a concurrence of different factors, among which is the non-inclusion of the VAT and all the components in the final price, were declared as infringing the consumer protection regulations.