Case law

  • Case Details
    • National ID: 94/2012. VJ
    • Member State: Hungary
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 16/09/2013
    • Court: Competition Authority (Budapest)
    • Subject:
    • Plaintiff: Hungarian Competition Authority
    • Defendant: An international airline company
    • Keywords: conditional promotions, material information, misleading advertising, price reductions
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2.
  • Headnote
    It constitutes a misleading commercial practice to omit to mention material conditions which must be fulfilled to enjoy a trader's offer.
  • Facts
    The defendant published its discount priced plane tickets between July and September 2012 in newsletters, magazines, flyers, and on its own website.

    The main message for the consumers was that the HUF 49 and HUF 99 priced tickets were available for all destinations from Budapest.

    However, in reality, the discount was only applicable in relation to one or two destinations, and for only one direction.

     
  • Legal issue
    The Authority established that the defendant violated the law by publishing misleading information in its advertisements, suggesting that the reduced priced tickets were available in all destinations of the defendant taking off from Budapest.
  • Decision

    Does it constitute a misleading commercial practice to omit to mention material conditions which must be fulfilled to enjoy a trader's offer? 

    URL: http://www.gvh.hu/domain2/files/modules/module25/2428105079E59E300.pdf

    Full text: Full text

  • Related Cases

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  • Result
    The Competition Authority imposed a fine of HUF 10,000,000 (approx. EUR 33,000) on the defendant.