In the “Ving Sverige” Case (see IFTTA news of Feb 8, 2011), the ECJ has now decided thatan 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, whereby it is for the national court to ascertain, on the basis of the nature and characteristics of the product and the commercial medium of communication used, whether the reference to an entry-level price enables the consumer to take a transactional decision;a verbal or visual reference to the product makes it possible to meet the requirement relating to the indication of the product’s characteristics if the consumer has sufficient information to identify and distinguish the product for the purpose of taking a transactional decision;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.The full text of the judgment of May 12, 2011 in Case C‑122/10 – Konsumentombudsmannen KO v. Ving Sverige AB is available here>>.
