The appellants sought to challenge undertakings they had been required to as to the mode of conduct of prize draw competitions. The Regulations forbad misrepresentations that the addressee may already have won a prize. In particular they challenged the requirement that a participant should not be required to make any payment as a condition of collecting a prize.
Held: There was a need to refer the OFT’s cross appeal to the ECJ, and an order was so made, but the existing undertakings were to remain in effect.
Judges:
Sir Andrew Morritt Ch, Jackson, Munby LJJ
Citations:
[2011] EWCA Civ 920, [2012] 1 CMLR 21
Links:
Statutes:
Consumer Protection Unfair Trading Regulations 2008, Unfair Commercial Practices Directive 2005/29/EC
Jurisdiction:
England and Wales
Citing:
Appeal from – Office of Fair Trading v Purely Creative Ltd and Others ChD 2-Feb-2011
The OFT sought an order to restrain the defendants from continuing what it said were unfair commercial practices in the arrangements it made for prize draws.
Held: Each of the promotions relied upon by the Office contravened the Regulations. . .
Cited by:
Reference – Purely Creative And Others v Office of Fair Trading ECJ 18-Oct-2012
ECJ Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind . .
Lists of cited by and citing cases may be incomplete.
Consumer, European
Updated: 17 September 2022; Ref: scu.442421