Case law

  • Case Details
    • National ID: 12/02917
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 12/09/2013
    • Court: Court of Appeal Amiens
    • Subject:
    • Plaintiff: Ms. Catherine Bevillard
    • Defendant: SA Sélection du Reader's Digest
    • Keywords: games of chance, material information, misleading omissions, omission
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (a) Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Annex I, 31.
  • Headnote
    Leading a consumer to have a hope of gain and to participate in a lottery / prize draw does not constitute an unfair commercial practice when it was sufficiently indicated that the prize was offered based on chance.
  • Facts
    The plaintiff requested from the defendant the prizes of a lottery he did not win, arguing that the defendant promised, in the promotional documents, to give him those prizes. 

    The defendant stated that the promotional document were clear, in that way that there was no certainty on the winning of prizes, stating amongst others expressions such as "if", "in case of gain", etc.

     
  • Legal issue
    The court held that even though the promotional documents were drafted in general terms, the uncertain nature of the win was sufficiently indicated ("in case of gain", "if", use of conditional tense) and was understandable by the average consumer.

    Therefore, so the court ruled, there was no question of a misleading commercial practice.

    Secondly, the court also addressed the issue concerning the sending of promotional materials to consumers in which the lottery was announced. According to the court, sending several promotional mails in order to cause the consumer to have hope of gain and to participate in the lottery does not constitute harassment. Therefore, there is no aggressive commercial practice. 

     
  • Decision

    Does leading a consumer to have a hope of gain and to participate in a lottery / prize draw, constitute an unfair commercial practice?

    Full text: Full text

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  • Result
    The plaintiff's claim was denied.