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Case Details

Case Details
National ID Decision no. 7181/2014
Member State Romania
Common Name link
Decision type Court decision, first degree
Decision date 01/10/2014
Court Bucharest District 6 Court of First Instance
Subject
Plaintiff Unknown
Defendant National Agency for Fiscal Administration
Keywords misleading advertising, price, price indication

Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3, (a)

An advertisement displayed on a website in which a certain product is promoted with a price of RON 149 represents a misleading advertising, when in reality the actual price of that product is RON 1449.
The plaintiff conducted an online promotion using an advertisement in which the price of a certain product was displayed as being 149 RON. When a person clicked on the advertisement, the person was directed to the online store of the plaintiff where the price of the product appeared to be RON 1449.

The competent body (the defendant) stated that the advertising is misleading and sanctioned the plaintiff with a fine.

The plaintiff submitted a court action against the defendant requesting the annulment of the minutes ascertaining the misdemeanour.
The court stated that the advertising is misleading according to the relevant legal provisions.
Is an advertisement displayed on a website in which a certain product is promoted with a price of RON 149 misleading, when in reality the actual price for that product is RON 1449?
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The court rejected the action.