Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/12/2011

Subject: The Court affirmed that an invitation to purchase exists as soon as the information on the product advertised and its price is sufficient for the consumer to be able to make a transactional decision, without it being necessary for the commercial communication also to offer an actual opportunity to purchase the product or for it to appear in proximity to and at the same time as such an opportunity. The requirement relating to the indication of the price of the product may be met if the commercial communication contains an entry-level price, that is to say the lowest price for which the advertised product or category of products can be bought, while the advertised product or category of products are available in other versions or with other content at prices which are not indicated. A verbal or visual reference to the product makes it possible to meet the requirement relating to the indication of the product’s characteristics, and that includes a situation where such a verbal or visual reference is used to designate a product which is offered in many versions. It may be sufficient for only certain of a product’s main characteristics to be given and for the trader to refer in addition to its website, on the condition that on that site there is essential information on the product’s main characteristics, price and other terms. A reference only to an entry-level price in an invitation to purchase cannot be regarded, in itself, as constituting a misleading omission.

Parties: Ving Sverige

Classification: Solidarity - Art. 38 Consumer protection

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