Office of Fair Trading (OFT) Review

    View Author September 2011
    Earlier this year the Office of Fair Trading (OFT) was successful in taking court action against a company called Purely Creative in relation to five prize promotions it had marketed. There has been an appeal to the Court of Appeal, which has decided to refer several questions to the Court of Justice of the European Union (CJEU).

    The questions are about the interpretation of a European Directive and focus on the extent to which one can offer a promotion to claim a prize and charge consumers to find out about the prize or to claim it. The Court of Appeal has also clarified the extent to which differing interpretations of European legislation are relevant in (i) interpreting UK legislation; and (ii) making a reference to the CJEU.