Rechtsliteratur

Unfair Commercial Practices Directive, Annex I, 28.

This article provides a summary of the decision of the Supreme Court regarding the use of a premium rate number in advertising for children. With this decision, the Supreme Court decided that an invitation aimed at children to participate in a prize draw by using a premium rate number may not be qualified as a direct sales offer in the sense of Annex I Cif. 28 of Directive 2005/29 (implemented into Austrian law by Annex I Cif. 28 Unfair Competition Act), if the entrepreneur is not making any profit. The author discusses the decision in detail.