Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Regional Administrative Court, Judgment eI-1619-596/2017
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Teisingumo Teismo sprendimas
    • Sprendimo data: 03/02/2017
    • Teismas: Regional Administrative Court
    • Tema:
    • Ieškovas: UAB "LUKOIL BALTIJA“
    • Atsakovas: State Consumer Rights Protection Authority
    • Raktažodžiai: consumer rights, misleading actions, misleading commercial, misleading statements
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2.
  • Įžanginė pastaba

    The Court found that the activities of the applicant's private limited liability company LUKOIL BALTIJA, where the information provided by the applicant in the service station's price stand contradicts the information on the LUKOIL plus discount card provided on the company's website, is undoubtedly in breach of the requirement of professional diligence and materially distorted the economic consumer. The conduct of the proposed products, which reasonably stated in its actions article 3 of the Law on the Prohibition of Unfair Commercial Practices of the Republic of Lithuania; 2 d 1 p. and art. 1 d 2 p. infringement. (The order stated that the applicant had infringed article 5 (2) (b) of Directive 2005/29 / EC, article 6 (1) (b)).

  • Faktai

    The applicant, UAB LUKOIL BALTIJA, provided information on its website that each time fuel is refueled at the LUKOIL petrol station and a LUKOIL plus discount card is issued, a discount of 3 ct or 3.5 ct will be given, and + 1 cc of each litre of inflow will accumulate on the "LUKOIL plus" discount card. The website also states that the ‘LUKOIL plus’ discount card always gives a discount of 3 ct per litre of fuel, 20 percent. For car wash services, 2.5 ct for each litre of fuel, 20 percent. Car wash services at LUKOIL gas stations in Latvia; 2.3 ct for each litre of fuel partner at UAB Luktarna, UAB Baltic Petroleum (except LUKTARNA petrol stations: (data not published)). The information provided on the applicant's website shows that the LUKOIL service station operated by CASH & DRIVE with the ‘LUKOIL plus’ discount card that would give the cardholder a corresponding discount on eachlitre of fuel, irrespective of the method of payment of the discount card holder.

    The defendant, after conducting a CASH & DRIVE inspection at the LUKOIL petrol station, found that the display of fuel at the service station's territory included fuel prices only in cash or bank card (hereinafter referred to as the price on the display), and the fuel bill at the cashier's desk indicated other methods of billing.The informative panel and the bench provide information that discounts with discount cards are not applicable. Information provided on the stand - upon presentation of the LUKOIL or LSP discount card, 1ct / LUKOIL money is stored on the card. Against this background, the defendant concluded that the information on the ‘LUKOIL plus’ discount card provided on the applicant's website contradicts the information provided by CASH & DRIVE in the LUKOIL petrol station (data not published). Due to this, the consumer is not informed when purchasing or holding a ‘LUKOIL plus’ discount card that not all of the applicant's petrol stations are covered by the discount and the planned exceptions. According to the defendant, upon arrival at the CASH & DRIVE petrol station, the holder of the discount card could reasonably expect to benefit from the discount provided by the ‘LUKOIL plus’ discount card, but it is misleading at the service station that the initial rebates per litre of fuel are not applicable. Under these circumstances, the economic behavior of the discount card holders in relation to petroleum products was or could have been substantially distorted. On the basis of these arguments, the defendant issued a ruling imposing a fine on the applicant.

    The complainant appealed to the court against the decision of the defendant.

  • Teisės klausimas

    Does the activity of the company, when the information included in the price list of the company's service stations contradict the information on the discount card provided on its website, meet the requirement of professional diligence?

    Did the company provide information on the final price of oil products to consumers who intended to settle in cash or bank cards at petrol stations, but did not inform consumers who intended to pay by fuel card (credit, debit), gift card, mobile wallet? Is it a breach of the Republic of Lithuania Law on Prohibition of Unfair Commercial Practices?

  • Sprendimas

    It should be noted that the average consumer, having been familiar with the terms and conditions of the ‘LUKOIL plus’ discount card on the website, could reasonably have expected that the discount provided by the ‘LUKOIL plus’ discount card would be applied to the CASH & DRIVE service stations and was thus misled. Consumers who have purchased a ‘LUKOIL plus’ discount card and are not informed that not all of the applicant's petrol stations are covered by the discount and the expected exemptions have lost much of the promised and expected benefits of the discount card. The fact that, according to the applicant, ‘LUKOIL plus’ discount card holders enjoy better conditions for the sale of goods and services than for consumers who do not have a ‘LUKOIL plus’ discount card cannot justify the applicant's conduct in misleading the consumer in the present case by providing conflicting information. It should be noted that the applicant is a business entity that sells petroleum products to consumers and therefore is subject to greater requirements of responsibility, diligence and professional diligence. According to the judges panel, the applicant's activity, when the information provided by the applicant in the service station's price stand contradicts the information provided by the company on the ‘LUKOIL plus’ discount card, is undoubtedly not in line with the requirement of professional diligence. It is the applicant who must provide the consumer with all the necessary information. The circumstances of the case therefore unequivocally confirm that the applicant's activities did not comply with the requirements of professional diligence and, in essence, distorted the economic behavior of the consumers with regard to the products offered, which were justified in its actions under Article 3 of the Law. 2 d 1 p. and Art. 1 d 2 p. infringement.

    It is established in the case that customers can pay at the applicant's gas stations: a) in cash; b) by bank card; c) fuel payment card (credit, debit); d) a gift card; e) mobile wallet. It has been mentioned that the Office, after performing an inspection at the applicant's gas station on 05-05-2016, has determined that the display of fuel in the gas station territory only shows the price of the payment by cash or bank card, and fuel prices are indicated by two means of payment at the cash desk - the price on display and the actual price. It is clear from the circumstances that the applicant provided information on the final price of petroleum products to consumers who intend to settle in cash or bank cards at the petrol stations, but did not inform the consumers who are going to pay with the fuel card (credit, debit), gift card, or mobile wallet properly. Users who plan to pay off cash or bank cards will only know the final price of the petroleum products at the cash desk or on the distributor (column) screen. Under the circumstances, the panel of judges concludes that, by the contested order, the Office was right to find that the applicant had provided information about the price of petroleum products in an unclear, ambiguous and timely manner. The information provided by the applicant on the final price of petroleum products on the informative panel could reasonably have prompted consumers who intend to settle outside the cash or non-bank card option to decide on a transaction that would not, in other circumstances (with proper indication of the price of petroleum products), be made by the consumer.

    The Court also agrees with the conclusions reached by the Office in the fact that the service station information stand should also include a standard retail price for all consumers in order to be able to make an informed decision. In the light of the foregoing, it must be concluded that the Office was right to find that the applicant had infringed article 3 of the Law. 1, as the activities are in accordance with articles 1 d 2 p. established insurance. In this case, the arguments put forward by the applicant that the billboard is considered to be an external advertising device in which it was able to provide not only all the goods and/or prices it sells, but also the fact that other service station operators follow similar pricing practices and discounts may not revoke the applicant's obligation to provide essential information (clear, unambiguous, correct, understandable) about the final price of the product in a visible place.

    URL: https://eteismai.lt/byla/244805413553294/eI-1619-596/2017

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  • Rezultatas

    Reject the claim of UAB LUKOIL BALTIJA.