The plaintiff, a legal entity, requested the court to dismiss the judgment of the court of first instance that ruled on the decisions of the administrative body, which is in the position of the Defendant in this case at hand.
The administrative body decided on the plaintiff's advertising itself as the company via electronic means, more precisely sending an unsolicited email with advertising to one of its business partners with whom it had a cooperation agreement.
The court of first instance agreed with the findings in the decision of the administrative body. More specifically, it confirmed that there was a lack of consent from the receiving party. This was confirmed after analysis of the cooperation agreement, administrative documents and any other factual matter.
The plaintiff further disagreed with the jurisdiction of the administrative body to decide on such issues. This was also dismissed by the court of first instance because the administrative body has the jurisdiction to decide on such issues as this jurisdiction stems from Section 10 (e) of Act No. 147/2001 Coll. on advertising, as amended (implemented from Article 5 (2) of the Directive 2006/114/EC).
The plaintiff appealed against the judgment of the court of first instance and claimed that this was not advertising because the company which received the email was not a consumer, it was a business partner.
Moreover, the plaintiff, inter alia, again contested the jurisdiction of the administrative body due to the nature of the electronic correspondence, which is among two business partners and claimed that it did not fall under the competence of the administrative body.