Judikatura

Price Indication Directive, Article 4

The seller is obliged to sell products and provide services at agreed prices in accordance with price regulations and correctly charge prices when selling products or providing services.

The Court assessed the fine of 10 000 CZK given by the Czech Trade Inspection to the entrepreneur for incorrect statement of the price to the consumer (the entrepreneur charged the consumer  1245 CZK instead of 1240 CZK, the price was  5 CZK (0,1 EUR) higher.

Incorrect pricing of goods offered to the consumer.

The Court stated that in order for the conduct to be an administrative offense, the mere fulfilment of the formal aspects of the given factual basis is not sufficient. It is also necessary that such conduct also shows a certain social threat in relation to the breached duty (and thus fulfils the material aspect of the administrative offense). Increasing the price by CZK 5 did not fulfil the social threat of the entrepreneur's actions.

Úplné znění: Úplné znění

Výsledky nejsou k dispozici.

Výsledky nejsou k dispozici.

The Court cancelled the decision of the Czech Trade Inspection because according to its opinion, not every time there is incorrect accounting (e.g. accounting for a completely marginal amount) does it lead to the fulfilment of the material feature of the administrative tort in question.