Advertising a mobile phone for “zero euros” is a misleading business practice if the tariff with which the mobile phone is offered is more expensive than the comparable tariff without a mobile phone, according to the VKI on the OGH ruling.
T-Mobile had offered mobile phone tariffs with and without a mobile phone, with otherwise identical performance. In the case of tariffs with a mobile phone, the monthly basic fee has increased by 10 to 15 euros compared to the SIM-only variant.
With a minimum contract term of 24 months, this would result in costs of at least 240 euros, so the phone would not be available for zero euros, argued the VKI. T-Mobile justified itself by saying that customers would not expect gifts but would assume that the cost of the phone would be taken into account elsewhere in the offer.
According to the Supreme Court, an advertisement that describes a product as “free” or “free of charge” is misleading if the advertised person incurs additional costs as a result. This also applies to costs incurred as a result of paid contractual obligations. According to the Supreme Court, the advertising of a mobile phone as “free” is in any case inadmissible under these circumstances. The judgment is final.
Source: Nachrichten
