The defendant was a company that owned and operated a website that provided poems to the visitors of this website. Before the visitors could see any poems on the website, they had to register first. With the registration the second plaintiff, without his knowledge, entered into a two year contract under which he was obliged to pay EUR 60. The plaintiff was further motivated to register by the alleged opportunity to win various prizes. The first plaintiff is an organization for the protection of consumers.
After the registration, the plaintiff received an invoice for the sum of EUR 60. He tried to withdraw from the contract, which was met with denial on the side of the defendant. Afterwards, the plaintiff paid the invoice after he received multiple threats from the defendant.
The plaintiff described the act of registration as not clear, nor comprehensible. It was described as intentionally misleading with aim to confuse the average consumer.
The defendant contested these allegations stating that the general terms and conditions were available to the plaintiff and that they were easily obtainable and comprehensible. Thus, the defendant asked the court to dismiss this lawsuit.