Retspraksis

  • Sagsoplysninger
    • Nationalt ID-nr.: S.H.D. 9. april 2015 i sag V-74-14
    • Medlemsstat: Danmark
    • Almindeligt anvendt navn:link
    • Afgørelsestype: Afgørelse fra en domstol i første instans
    • Afgørelsesdato: 09/04/2015
    • Retsinstans: Sø- og Handelsretten
    • Emne:
    • Sagsøger: Sammenslutningen TAXA 4x35
    • Sagsøgt: Click A Taxi ApS
    • Nøgleord: comparative advertising, misleading advertising
  • Direktivets artikler
    Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 2, (c) Misleading and Comparative Advertising Directive, Article 4 Misleading and Comparative Advertising Directive, Article 4, (a)
  • Indledende note
    It is a comparison in the meaning of Section 5(1) (now Section 21(1)) of the Marketing Practices Act to claim that you hold a position which is in fact held by someone else.
  • Fakta
    The defendant had developed an app through which a customer could order a taxi or a limousine. The plaintiff was the biggest taxi company in Copenhagen. In an ad on Google, the defendant claimed to be "Copenhagen's biggest taxi company".

  • Juridisk spørgsmål
    Is it a comparison in the meaning of Section 5(1) (now Section 21(1)) of the Marketing Practices Act to claim that you hold a position which is in fact held by someone else?
  • Afgørelse

    The court ruled that by making an objectively false statement in an ad by claiming to be "Copenhagen's biggest taxi company", despite not even being a proper taxi company (and even if it could be considered a taxi company it would still not be the biggest), the defendant had violated the ban on misleading advertising as well as on comparative advertising. The court finally added that use of the statement was also a violation of good marketing practices.

    URL: http://domstol.fe1.tangora.com/media/-300011/files/Dom_V-74-14.pdf

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  • Relaterede sager

    Ingen resultater

  • Retslitteratur

    Ingen resultater

  • Resultat
    The court ruled in favor of the plaintiff.