The plaintiff included in its advertising materials (brochures and a monthly magazine) an advertisement of an on-going promotion. Consumers could benefit from the promotion only if they subscribed to the plaintiff’s fixed-line telephone services. The advertisement, however, did not specify this requirement explicitly. On the other hand, the advertisement referred to the plaintiff’s website, customer call centre and brick and mortar service points for further information on the terms & conditions of the promotion.
The defendant, a consumer authority, previously held that, when leaving out information on the requirement for an existing fixed-line telephone subscription, the plaintiff committed an infringement of the consumer protection rules in the form of misleading omission of material information.
The plaintiff appealed this ruling as unfounded.