Source: All England Reporter
Publisher Citation: [2012] All ER (D) 247 (Oct)
Court: Court of Justice of the European Union (Sixth Chamber)
Judge:

Judges Rosas (Rapporteur) (acting President), Lõhmus and Caoimh

Judgment Dates: 18 October 2012

Catchwords

European Union - Restrictive trade practices - Unfair commercial practices - Companies informing consumers that they have won a prize - Consumers incurring costs in order to obtain prize - Office of Fair Trading (OFT) ruling practice unfair - Domestic court making application for preliminary ruling - Whether traders being prohibited from imposing cost, even of a de minimis nature, on a consumer who had been informed that they had won a prize - Directive (EC) 2005/29, annex 1, para 31.

The Case

European Union Restrictive trade practices. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of para31 of Annex I to Directive (EC)2005-29 (concerning unfair business-to-consumer commercial practices in the internal market), in the course of proceedings, between five undertakings specialising in the distribution of mailings together with a number of people who worked for those undertakings and the Office of Fair Trading.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.