Post by account_disabled on Dec 31, 2023 1:37:47 GMT -6
Aa reply Your email address will not be publishePyramid promotion schemes are unfair business practices Competition law minutes CristianaMaria Dru January As a result of a preliminary question addressed by the Brussels Court of Appeal the Court of Justice of the European Union once again ruled on the conditions of a pyramid promotion scheme within the meaning of the Unfair Commercial Practices Directive. This provision was transposed into Belgian law by art. VI. of the Economic Law Code. The case concerns the legal qualification of the.
Lucky All system used by the National Lottery which applies a Country Email List prohibited pyramid promotion. The Court of Justice of the European Union recalled that the pyramid promotion scheme is based on the fulfillment of three cumulative conditions namely the promise of economic benefits which depend on the introduction of other consumers and in which case the majority of the contribution from the counterparty not to consist of a real economic activity. With regard to the latter condition the Court established that the link between the contributions paid by new members of such a system and the need not necessarily be direct. An indirect link is sufficient.
A system in which the chance of winning is linked to the unlimited intake of new players and their regular contributions and in which the probability of winning capping increases gradually and as the number of players also increases appears to be an indirect link but safe. The Court also donkeyessed that the Lucky All system seems in any case to meet the conditions to be qualified as an unfair commercial practice as it aims to produce profit for its own purposes. Ultimately the Court left this aspect to the discretion of the national court. Source Case C Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site.
Lucky All system used by the National Lottery which applies a Country Email List prohibited pyramid promotion. The Court of Justice of the European Union recalled that the pyramid promotion scheme is based on the fulfillment of three cumulative conditions namely the promise of economic benefits which depend on the introduction of other consumers and in which case the majority of the contribution from the counterparty not to consist of a real economic activity. With regard to the latter condition the Court established that the link between the contributions paid by new members of such a system and the need not necessarily be direct. An indirect link is sufficient.
A system in which the chance of winning is linked to the unlimited intake of new players and their regular contributions and in which the probability of winning capping increases gradually and as the number of players also increases appears to be an indirect link but safe. The Court also donkeyessed that the Lucky All system seems in any case to meet the conditions to be qualified as an unfair commercial practice as it aims to produce profit for its own purposes. Ultimately the Court left this aspect to the discretion of the national court. Source Case C Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site.