Commercial Court of Paris: the SNPTV wins its case against Vérimédia

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On November 3, 2003, the French National Trade Union for Television Advertising (SNPTV), representing a hundred advertising sales houses of French Televisions, had brought an action before the Commercial Court of Paris to stop the Vérimédia company from spreading, among advertisers, statements alleging that television advertising was subject to overbilling, claiming that invoicing depends on the real times of advertising spots broadcasting.

It is with great satisfaction that the SNPTV looks at the February 23, 2005 decision by which the Commercial Court (1) held Vérimédia liable for acts of misleading advertising and of collective disparagement of the professionals of the advertising sales houses industry, due to the dissemination by Vérimédia of the above mentioned allegations.

Besides, the company Vérimédia was held to pay 10,000 €uros damages to compensate the SNPTV for the harm sustained.

With this decision, not final, the SNPTV wish to recall that rate fixing in television advertising spot is not based on the broadcasting time, but on the advertising space and on the program in which it is inserted. This rule, set forth in all advertising sales houses’ terms and conditions, as well as in contractual and commercial documentation, is commonly applied.

The SNPTV is confident that this decision, unambiguous on the issue raised, will put an end to useless legal actions.