Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgment eA-1239-822/2018
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Aukščiausiojo Teismo sprendimas
    • Sprendimo data: 19/12/2018
    • Teismas: Supreme 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, Section 1, Article 7, 2.
  • Įžanginė pastaba

    The Court found that the fact that the petrol station website hosted not only a concise presentation of the ‘LUKOIL plus’ loyalty programme but also the detailed rules of this loyalty programme, which included exceptions to the ‘LUKOIL plus’ loyalty card discount, is irrelevant. Whereas the presentation of the ‘LUKOIL plus’ loyalty programme published on the applicant's website during the dispute, which provided essential information on this loyalty programme and the discounts offered to its participants, did not contain any exceptions to the application of the rebate or any specific indication that such exceptions are specified in the individual loyalty programme rules. According to the Court, the presentation of such a ‘LUKOIL plus’ loyalty programme on the website did not constitute grounds for considering that the information contained therein was insufficient or inaccurate. This way of providing information has made it harder for the average consumer to realise that despite the phrase "LUKOIL petrol station fueled and LUKOIL plus discount card" provided, a 3-ct or 3.5-ct discount will be given every time the LUKOIL fuel is delivered”. With the LUKOIL plus discount card, you always get an initial discount of 3 cents per litre of fuel," this discount will not apply to CASH & DRIVE gas stations. Thus, in this way of providing information, the applicant made it difficult for the average consumer to understand the information about the discounts and exceptions provided by the ‘LUKOIL plus’ loyalty programme.

  • 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 behaviour 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

    Is the fact that the petrol station website hosted not only a concise presentation of the loyalty programme, but also the detailed rules of this loyalty programme, (which included exceptions to the discount on the programme loyalty card), significant if the online loyalty programme presentation was published on the website during the dispute period and provided the essential information about this loyalty programme and the discounts offered to its participants? Was there any information about the exceptions to the discount scheme or any specific indication that such exceptions are specified in the separate loyalty programme rules?

  • Sprendimas

    Speaking about the fact that the applicant's appeal did not only include a concise presentation of the ‘LUKOIL plus’ loyalty programme on the website of the service station, but also the detailed rules of the loyalty programme, which included exceptions to the ‘LUKOIL plus’ loyalty card discount, The Chamber observes that, in the present case, an infringement of the Law was established by the way in which information distorted the economic behavior of consumers. It should be noted that in the case law the average consumer is understood as a certain standard, a hypothetical average of all consumers (or a certain group of consumers), which is used to assess whether the information provided may mislead the average consumer and affect their economic behavior, depending on its content and circumstances. The concept of the average consumer is related to the perception of the received information and not to its ability to obtain it (see, for example, the ruling of the Supreme Administrative Court of Lithuania of 17 January 2013 in Administrative Case No. A442-90 / 2013). In this case, there was no information on exceptions to the application of discounts or specific information on the application of the loyalty programme in the presentation of the ‘LUKOIL plus’ loyalty programme (Vol. II, pp. 35-36) published on the applicant's website during the dispute period, which provided essential information on this loyalty programme and its participants, with ndications that such exceptions are specified in separate loyalty programme rules. Such a presentation of the ‘LUKOIL plus’ loyalty programme on the website did not constitute a reason to believe that the information contained therein was inadequate or inaccurate. Against this background, it follows that this way of providing information has made it more difficult for the average consumer to understand that, despite the words "LUKOIL petrol station and LUKOIL plus discount card" provided in the presentation of the ‘LUKOIL plus’ loyalty programme will be provided a 3 ct or 3.5 ct discount, "with a LUKOIL plus discount card, always get a discount of 3 ct per litre of fuel," this discount will not apply to CASH & DRIVE gas stations. Thus, in this way of providing information, the applicant made it difficult for the average consumer to understand the information about the discounts and exceptions provided by the ‘LUKOIL plus’ loyalty programme.

    URL: https://eteismai.lt/byla/239394944973752/eA-1239-822/2018?word=brokas%20suprantamas

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  • Rezultatas

    Rejecst the claim of UAB LUKOIL BALTIJA. The decision of the Court of First Instance to be upheld.