Some people mistakenly think this is what Liechtenstein - a tiny 25 kilometre long microstate with a population
of 37,000 - uses to block free movement, but in
actual fact they have a separate treaty
provision which they negotiated at the time
of their ascension to the EEA and which is anyway mostly about refugees.
Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in
fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either: (a) a substantial proportion
of the unit cost to the defendant
of the
provision to the consumer
of the thing described as a prize or other equivalent benefit; or (b) in the case
of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost
of the making available
of that thing, other than the
actual cost
of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).
He went on to hold that the
provisions of the domestic regulations are consistent with this and that on the
facts there was no suggestion that the field breaks had not been genuine breaks or that there had been
actual breaches
of health and safety.