Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2.

Delivery deadlines for postal services as misleading information and unfair commercial practice.

Croatian Regulatory Agency for Network Industries adopted a decision which was confirmed by the Administrative Court, in which it was stated that the trader gave the user, when concluding a contract regarding the mentioned postal services, inconsistent, non-transparent and apparently confusing information, since when concluding the contract the trader indisputably offered the user, as an option, delivery of the business package within one working day, when in the end the mentioned postal service was performed within two working days with an explanation that the data from the special offer which was provided to the user on his web pages, through his web-application, is not relevant, but that in this case, some other terms apply which were announced in another offer which was allegedly on his web pages on 30 April 2019.

Does the announcement of confusing information on provision of postal services represent an unfair commercial practice?

The provider of the postal services admitted that the software in use to generate data in relation to the time limit for deliveries in accordance with the time limit established in the offer, did not work efficiently and therefore the guaranteed delivery date was not met.

That affected the confusion and wrong perception of the service user. The mentioned behaviour of the plaintiff represents, pursuant to provisions of Article 31 and 33 of the Consumer Protection Act (“Official Gazette number 41/14, 110/15 and 14/19) an unfair commercial practice prohibited by the law and represents misleading behaviour which in this specific situation obviously misled the consumer and made him conclude the agreement, which according to the statement of the plaintiff couldn’t be performed in the way it was offered and presented in the special offer.

Cjeloviti tekst: Cjeloviti tekst

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Provider of the service should harmonise its business, however, this case law should be taken into consideration by other administrative courts in the Republic of Croatia as well as the Croatian Regulatory Agency for Network Industries.