In 2015, the Consumer Ombudsman took sports equipment retailer XXL to Market Court, as it viewed the claims made by XXL on the low prices of its products, combined with its promise related to price differences, as misleading for consumers.
On 24 November 2015, the Market Court rejected the claim presented by the Consumer Ombudsman, ruling that the wording of the price promise made by XXL in its marketing had not been misleading for consumers. The Consumer Ombudsman appealed against the decision to the Supreme Administrative Court in 2016.
The Supreme Administrative Court annulled the decision of the Market Court in December 2017 and referred it back to the Market Court for further consideration. According to the Supreme Court, the Market Court had not taken full account of the matters presented when evaluating the misleading nature of the defendant’s actions. The Market Court had based its ruling on the wording used in the advertisement, whereas the decisive issue lay in evaluating the impression created by XXL’s advertising for the average consumer that is quickly browsing advertisements.