Consumer Sales and Guarantees Directive, Article 4 Consumer Sales and Guarantees Directive, Article 4

It is the responsibility of the trader - owner of the gas station - to keep the illuminated signs for indicating prices in the gas station in working order. The failure of the dashboard, as a result of which the announced prices are incomprehensible to drivers, is an administrative violation.

The Consumer Protection Commission received a complaint from a consumer for poor service and unclearly announced fuel prices at a gas station. During the on-site inspection, it was established that the gas station has a light board for announcing the prices, which is placed near the roadway, but due to a technical malfunction, the prices are not clearly read by the drivers.

The Consumer Protection Commission has imposed a property sanction on the trader for failing to clearly indicate fuel prices.

Is it admissible to impose a pecuniary sanction for violation of Art. 16 of the Consumer Protection Act, provided that the gas station has an illuminated sign and the information can be perceived by drivers in the lane next to the gas station, but due to a technical malfunction the prices are not clearly recognizable?

The court considers that in this case there is a violation of Art. 16 in connection with Art. 29 of the Consumer Protection Act, as the unclear way of indicating fuel prices can mislead consumers. The court held that insofar as the service station was a private site, only the trader was responsible for ensuring that it operated lawfully. In this case, there is an administrative violation, as it has not been established that the trader has taken any measures to eliminate the technical malfunction of the light bulletin board.

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The Administrative Court Gabrovo confirms the decision of the Sevlievo District Court, which reduced the property sanction imposed by the Consumer Protection Commission from BGN 500 to BGN 300.