Giurisprudenza

  • Dettagli del caso
    • ID nazionale: Regional Administrative Court, Lazio Rome, 1st Section, Judgment no. 9269
    • Stato membro: Italia
    • Nome comune:N/A
    • Tipo di decisione: Decisione amministrativa di primo grado
    • Data della decisione: 11/09/2018
    • Organo giurisdizionale: Regional Administrative Court, Lazio Rome
    • Oggetto:
    • Attore:
    • Convenuto:
    • Parole chiave: unfair practices, unfair advertising, competition law, consumer law
  • Articoli della direttiva
    Unfair Commercial Practices Directive, link
  • Nota introduttiva

    Appeal against a decision of the Competition Authority in unfair advertising matter.

  • Fatti

    The subject of the appeal is the provision with which the AGCM imposed a fine of 850,000 euros on H.A. spa for unfair commercial practices, consisting in having systematically sent injunctions to consumers, regardless of the residence of the recipients of the order.

    From reading the provision, it is clear that the impropriety and aggressiveness of the behaviour ascribed to H. would consist in conduct "contrary to professional diligence and likely to falsify to an appreciable extent the economic behaviour of the average consumer to whom it is directed as well as aggressive - by undue conditioning.

  • Questione giuridica

    Unfair advertising, failure to disclose essential information to consumers.

  • Decisione

    N/A

    Testo integrale: Testo integrale

  • Casi correlati

    Nessun risultato disponibile

  • Dottrina

    Nessun risultato disponibile

  • Risultato

    Directive 2005/29 / EC, offers a very broad definition of commercial practice, such as to include "any action, omission, conduct or declaration, business communication, including advertising and marketing of the product, carried out by a professional, in relation to the promotion, sale or supply of a product to consumers ".

    In turn, the following art. 19, in paragraph 1, defines the application of the provisions in question "to unfair commercial practices between professionals and consumers put in place before, during and after a commercial transaction relating to a product".