Jobindex successful in a leading case concerning an unlawful newspaper advertisement

For the first time in Denmark, an unlawful newspaper advertisement has resulted in the party behind the advertisement being ordered to place a rectifying advertisement in the same media and in the same size. This ground-breaking outcome is the result of a settlement made in the Danish Maritime and Commercial High Court where Jobindex and Plesner have been suc-cessful in a leading case concerning a misleading newspaper advertisement placed by Jobzonen.

On 18 May 2015 Jobzonen had to place a full-page advertisement in the Danish newspapers Politiken and Jyllands-Posten to rectify an earlier misleading advertisement. Jobzonen did not keep within the scope of the law when placing an advertisement that showed its own and its competitors' number of users. Jobindex subsequently instituted legal proceedings against Job-zonen which is now to pay damages and legal costs following a hearing of the matter before the Maritime and Commercial High Court.

On 28 April 2015 the Maritime and Commercial High Court found that the advertisement placed by Jobzonen with the heading "Sorry, if we stand out a bit", published in both Jyllands-Posten and Politiken on 6 March 2014, is contrary to the provisions of the Danish Marketing Practices Act on good marketing practices, misleading marketing and comparative advertising. On this background the parties have reached a settlement in court.

The core of the matter was the number of users indicated in the advertisement where it was stated that Jobzonen's number of users was three times higher than those of its competitors, which was not correct.

In addition to the rectifying advertisement, the settlement reached by Jobindex and Jobzonen, owned by JP/Politikens Hus, implies that Jobzonen is to pay DKK 100,000 in damages and legal costs.

The case was conducted by Attorney and Plesner partner, Michael Hopp who for more than ten years has been a specialist in marketing law, the protection of personal data and consumer law. Michael provides marketing law advice to a number of enterprises and has conducted several cases in this field.

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