The defendant, the Competition Council, had imposed a fine on the plaintiff for the advertisement “Zero cents <...> in Omnitel network”, claiming that the service would be free of charge.
This fine was imposed by the plaintiff due to the fact that consumers had to choose one out of three payment plans in order to use the free services of the plaintiff.
Moreover, in all cases consumers had to pay the plaintiff at least a subscription fee. Consequently, there was no possibility to use the services of the plaintiff without paying any costs or charges.
The plaintiff appealed to the decision of the plaintiff with the court, stating that consumers were informed that additional terms would apply.