Oikeuskäytäntö

  • Tapaustiedot
    • Kansallinen tunniste: The Market Court, Judgement 10/21
    • Jäsenvaltio: Suomi
    • Lyhytnimi:N/A
    • Päätöksen tyyppi: Unionin tuomioistuimen päätös
    • Päätöksen päivämäärä: 01/11/2021
    • Tuomioistuin: Markkinaoikeus
    • Aihe:
    • Kantaja:
    • Vastaaja:
    • Avainsanat: consumer rights, distance selling, right of withdrawal, auction
  • Direktiivin artiklat
    Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 4 Consumer Rights Directive, Chapter 1, Article 2 Consumer Rights Directive, Chapter 1, Article 2 Consumer Rights Directive, Chapter 1, Article 4 Consumer Rights Directive, Chapter 1, Article 4 Consumer Rights Directive, Chapter 3, Article 9 Consumer Rights Directive, Chapter 3, Article 13 Consumer Rights Directive, Chapter 3, Article 16 Consumer Rights Directive, Chapter 3, Article 16
  • Ylähuomautus

    At the request of the Consumer Ombudsman, the Market Court prohibited the procedure whereby Mezzoforte Oy ("Mezzoforte"), the operator of an online shop Huutokaupat.com (EN: Auctions.com), deprived consumers of the right to withdraw from an online transaction. According to the Market Court, the company had acted in breach of consumer protection legislation by denying the right of withdrawal claiming that the question concerned an auction. The Market Court reinforced the prohibition with a conditional fine of EUR 100,000.

  • Taustatiedot

    Since August 2018, Mezzoforte had been offering for sale and selling consumer goods to consumers on its Huutokaupat.com online store where both new and used/recycled goods, such as vehicles, small machines, tools, electronics and furniture, were offered. The question concerned an online auction in which the selling price of the goods was determined on the basis of increased bids above the starting price. Mezzoforte did not offer consumers the right of withdrawal under Chapter 6, Section 14 of the Consumer Protection Act.

  • Oikeudellinen kysymys

    The legal issue in the case was whether Mezzoforte's conduct in the transactions made through Huutokaupat.com fulfilled the conditions to be considered an auction, and therefore the conditions for the exception according to which the consumer's right of withdrawal is waived. The issue was also whether there was a need for the imposition of a prohibition and whether it was necessary to order Mezzoforte to rectify its marketing activity and to reinforce the prohibition with a conditional fine.

  • Ratkaisu

    The Market Court held that Huutokaupat.com transactions did not constitute tender procedure by an auctioneer within the meaning of the Directive 2011/83/EU. The Market Court further held that the right of withdrawal can only exceptionally be deprived in so-called "traditional auctions" which involve, inter alia, a physical auction event organized by a separate auctioneer, such as an auction house, and that that the Huutokaupat.com online auction was not covered by the exemption to a consumer's withdrawal right. Mezzoforte has therefore acted in breach of Chapter 6, Section 14(1) of the Consumer Protection Act by offering goods to consumers in Huutokaupat.com online store on terms that did not give the consumer the right to withdraw from the online contract due to the auction nature of the sales method. Since Mezzoforte's conduct was contrary to Chapter 6, Section 14(1) of the Consumer Protection Act, Mezzoforte also infringed Chapter 3, Section 1(1) of the Consumer Protection Act by using a contractual term contrary to mandatory law.

    URL: https://www.markkinaoikeus.fi/fi/index/paatokset/markkinaoikeudellisetasiat/mao1021.html

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  • Hakutulos

    The Market Court prohibited the procedure by which Mezzoforte deprived consumers of their right of withdrawal and reinforced the prohibition with a conditional fine of EUR 100,000.