Case law

  • Case Details
    • National ID: Slovak Trade Inspection, 12.05.2008 -- ref. code: P/0062/08/08
    • Member State: Slovakia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 12/05/2008
    • Court: Slovak Trade Inspection, Košice Slovak Trade Inspection, Inspectorate with its registered seat in Košice, Košice district
    • Subject:
    • Plaintiff:
    • Defendant: TESCO STORES SR, a.s., Kamenné námestie 1/A, Bratislava, IČO: 30655862
    • Keywords: false information, free, misleading advertising, misleading commercial practices, misleading statements, special offer, transactional decision
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d)
  • Headnote
     

    It is an unfair commercial practice to claim to provide a free product together with the purchase of a main product, while the free product is not actually delivered.
  • Facts
    The defendant is a trader that offered a product (Olpran trampoline) with a sheet on the casing saying "GRATIS!!! Camitin - weight-loss product" (including a picture of the product "Camitin 500ml"). Despite this statement, the weight-loss product was not actually provided with the trampoline.
  • Legal issue
    This practice was considered to harm the consumer's economic interests. As the promised product (Camitin) was not actually provided with the trampoline, the conduct of the trader was qualified as a misleading commercial practice.
  • Decision

    Is it an unfair commercial practice to claim to provide a free product together with the purchase of a main product, while the free product is not actually delivered? 

    Full text: Full text

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  • Result
    The administrative body imposed a 10.000 Slovak crowns (approximately 332 EUR) fine.