Tagged: article 8

The CJEU overshoots the mark of consumer protection: ‘Winner’ means WINNER and ‘prize’ means FREE PRIZE (C-428/11)

In its Judgment of 18 October 2012 in case C-428/11 Purely Creative and Others v Office of Fair Trading, the CJEU was confronted with the interpretation of consumer protection rules in the field of aggressive commercial practices in a distant sales scenario. The judgment places a severe restriction on commercial practices that include the award of ‘prizes’ to targeted consumers, by determing that “the prohibition on making the consumer bear any cost whatsoever is absolute, whether it be the cost of a stamp or of a simple telephone conversation”. In my opinion, the CJEU has overshot the mark of consumer protection.

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