Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgement A-204-756/2019
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 25/04/2019
    • Teismas: Supreme Administrative Court of Lithuania
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: unfair commercial practices, aggressive commercial practices, special offer, threat, unsolicited goods
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9
  • Įžanginė pastaba

    The Court ruled that trader's actions where the consumer expressly and specifically refuses that goods be sent to him and the trader himself acknowledges such a refusal, yet continues to send the goods in addition to sending partially threatening reminders about the consumer’s indebtedness to the trader, despite the goods not being bought or ordered by the consumer, can be regarded as aggressive commercial activity.

  • Faktai

    A pharmaceutical company (plaintiff) was fined EUR 4000 by the Consumer Rights Protection Service (defendant) for conducting unfair commercial practices. The plaintiff asked the Court to repeal the fine or to impose a smaller fine. In the present case, evidence suggested that representatives of the pharmaceutical company called consumers offering them to participate in a health programme which included purchasing OmegaMarineForte+ food supplements, paying only for postage of the first pack of 60 capsules, and the possibility to withdraw from the programme at any time. During phone conversations and in written notifications to the consumers, the company provided that consumers may suspend their participation at any time by contacting the company. However, evidence gathered in the case confirmed that the company acted contrary to the conditions set out by themselves. Despite receiving consumers’ telephone refusals to withdraw from the programme, food supplements were still sent to them together with invoices.

    The First Instance Court dismissed the action.

  • Teisės klausimas

    Can the trader's actions where the consumer expressly and specifically refuses that goods be sent to him and the trader himself acknowledges such a refusal, yet continues to send the goods in addition to sending partially threatening reminders about the consumers indebtedness to the trader, despite the goods not being bought or ordered by the consumer, be regarded as aggressive commercial activity?

  • Sprendimas

    The Court ruled that trader's actions where the consumer expressly and specifically refuses that goods be sent to him and the trader himself acknowledges such a refusal, yet continues to send the goods in addition to sending partially threatening reminders about the consumers indebtedness to the trader, despite the goods  not being bought or ordered by the consumer, can be regarded as aggressive commercial activity.

    URL: https://eteismai.lt/byla/196734491755467/A-204-756/2019?word=akcizin%C4%97s%20prek%C4%97s

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  • Susijusios bylos

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  • Teisinė literatūra

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  • Rezultatas

    The Court left the decision of the First Instance Court unchanged.