“A commercial communication constituted an ‘invitation to purchase’ within the meaning of article 2(i) of Parliament and Council Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, as soon as the information on the product and its price were sufficient for the consumer to be able to make a transactional decision. Information on price could be sufficient for those purposes where it contained an entry-level price and information on the product’s characteristics could be contained in a verbal or visual reference. It was sufficient for the purposes of providing the material information for an invitation to purchase required pursuant to article 7(4)(a) of the Directive for only certain of the product’s main characteristics to be given in that invitation and for the trader to refer in addition to its website, provided the essential information was on that website. Whether or not a reference to an entry-level price was misleading for the purposes of article 7(4)(c) was for the national court to ascertain in the circumstances of the case.”
WLR Daily, 12th May 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.