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list of contributors - GALA

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CZECH REPUBLIC<br />

Filip Winter<br />

Winter & spol.<br />

filip.winter@akwinter.cz<br />

www.akwinter.cz<br />

1. Case Report<br />

Topic: Premium SMS<br />

Who: Ministry <strong>of</strong> Finance<br />

When: Spring 2005<br />

Where: Czech Republic<br />

What Happened: For years, premium rates SMS were widely used as a part <strong>of</strong> promotional<br />

activities. The legislative rules were not totally clear and in practice this<br />

worked well. Nevertheless, the Ministry <strong>of</strong> Finance, supervising this area,<br />

has declared, that such premium SMS promotions will be considered illegal<br />

lotteries, especially if the winner is chosen by random. This corresponds with<br />

the new draft <strong>of</strong> EU sales promotional directive, which excludes „gambling<br />

activities which involve wagering a stake with monetary value, including<br />

premium rates on postage or telecommunication, such as lotteries and<br />

betting transactions“.<br />

2. Case Report<br />

Topic: Clear reference to the source <strong>of</strong> information in an ad is good enough<br />

Who: Municipal Court in Prague<br />

When: Spring 2005<br />

Where: Czech Republic<br />

Comment: One <strong>of</strong> the biggest banks in the Czech Republic advertised its consumer<br />

credits with the only number in the ad: “2,99%” plus “look for more info at<br />

web address and tel. green number. In fact, such credit rate is <strong>of</strong>fered for<br />

starting period only; therefore competitors asked the court to preliminarily<br />

order the bank to change the ads. The court failed to make such decision,<br />

saying, that the clear reference to the source <strong>of</strong> information (web, telephone)<br />

in the ad is good enough. The decision is not final.

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