Case law

  • Case Details
    • National ID: Slovak Trade Inspection , 7.05.2010 ref. code: P/O11O/O5/2O1O
    • Member State: Slovakia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 07/05/2010
    • Court: Slovak Trade Inspection, Žilina Slovak Trade Inspection, Inspectorate with its registered seat in Žilina, Žilina district
    • Subject:
    • Plaintiff:
    • Defendant: Lidl Slovenská republika, v.o.s., Veľkosklad potravín LIDL, Púchovská 12, 914 41 Nemšová bussines premises: LIDL, Aleja Slobody 2925/13B, Dolný Kubín
    • Keywords: false impression, fine print, misleading advertising, misleading commercial practices, misleading statements, price information, price reductions
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d)
  • Headnote
    It is misleading to advertise a price reduction for a product that can only be obtained when multiple items of this product are purchased at once, even when this condition is mentioned in the fine print. 
  • Facts
    The defendant presented the price of a certain type of chocolate to be 0,37 EUR / piece, even though it was only possible to buy the chocolate at this price when buying three pieces at a time (the price for one piece was 0,55 EUR).

    The same prices were presented in a flyer indicating the price of 0,37 EUR for one piece, whereas only the text below stated that this price applied only when buying three pieces at a time.
  • Legal issue
    The Slovak Trade Inspection decided that the defendant's conduct violated the prohibition of unfair  commercial practices. This conduct was found to likely distort the economic behavior of an average consumer, because it induced consumers into visiting the defendant's business premises, where they were not given the advantage they had expected. The presented information was diverse and likely to mislead the consumer to buy the product.
  • Decision

    Is it an unfair commercial practice to advertise a product at a reduced price, while it is mentioned only in the small print that this reduced price can only be obtained when several items of this product are purchased at once? 

    URL: http://www.soi.sk/files/documents/pravoplatne-rozhodnutie/prvostupnove/zilinsky-kraj/za212010.rtf

    Full text: Full text

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  • Result
    The Slovak Trade Inspection imposed a fine of 420 EUR.