Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgement eA-1146-552/2019
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 08/10/2019
    • Teismas: Supreme Administrative Court of Lithuania
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: unfair commercial practices, online sales, Internet sales,
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1.
  • Įžanginė pastaba

    A commercial practice of a ticket distributing company cannot be held unfair if it did not provide sufficient information about the ticket sale conditions on the ticket itself but did provide sufficient information on ticket sale conditions on its website when the ticket was being bought by the consumer.

  • Faktai

    A ticket distributing company (plaintiff) was fined 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, the Consumer Rights Protection Service received 3 complaints from consumers. One of them bought tickets to a concert but the consumers were not able to attend the event because the sold tickets were only valid together with tickets to another event and without them, the tickets they had were invalid. Two other complaints involved consumers who had been given tickets to a play as a gift. The tickets only contained the address of the ticket distributing company, not the address of the theatre which caused the consumers to travel from Kaunas to Vilnius where they learned that the performance was actually taking place in Kaunas.

    The First Instance Court upheld the complaint of the ticket distributing company and annulled the decision of the Consumer Rights Protection Service.

  • Teisės klausimas

    Can a commercial practice of a ticket distributing company be considered unfair if it did not provide sufficient information about the ticket sale conditions on the ticket itself but did provide sufficient information on ticket sale conditions on its website when the ticket was being bought by the consumer?

  • Sprendimas

    No. The Court acknowledges that The Court of First Instance  properly analysed the circumstances of the abovementioned ticket purchase, considering  that consumers had to "open" websites with sufficient information about ticket sales conditions, venues, etc. in order to purchase tickets. Important information for the economic behaviour of consumers, (i.e., their decision to purchase tickets was repeated in other “steps” of purchasing tickets online). It follows that, in the present case, consumers were provided from the outset with sufficient information to determine their economic behaviour with regards to the products offered, namely tickets for events. The moderately prudent and attentive consumer would notice to which event he was purchasing tickets, where and when the events were taking place, and under what conditions he was purchasing tickets. With regards to one of the complaints of the consumers, the online ticket distribution platform had a warning that the ticket to the event is not valid without a ticket to the concert. The warning was placed on the first page and later repeated. With regards to the two other complaints by the consumers, the information about the venue of the performances was also clearly indicated on the website and the user was obliged to choose the venue of the event separately before purchasing tickets. In the last two cases, it should be noted that the tickets were purchased as a gift and the donor was also obliged to inform the laureates about the characteristics of the gift in relation to the venue. The Court acknowledged that the distance selling mechanism used by the plaintiff has certain shortcomings and may be criticised, but this cannot be considered an unfair business practice within the meaning of the Lithuanian Law on prohibition of unfair commercial practices with regards to consumers.

    URL: https://eteismai.lt/byla/268338615190897/eA-1146-552/2019

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  • Rezultatas

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