Judgment_paragraph 40 · Criminal proceedings against Canal Digital Danmark A/S (C-611/14)

40It follows that, for the purposes of assessing whether commercial practices, such as those at issue in the main proceedings, deceive or are likely to deceive the average consumer in relation to the price, it is for the referring court to determine, having regard to all the relevant circumstances, whether the commercial communication concerned has the effect of suggesting to the average consumer an attractive price which, ultimately, is proven to be misleading.