Consumer Sales and Guarantees Directive, Article 3

When selling cherries in a package of 0, 5 kg., the trader must also announce the price for 1 kg. In this case, however, although there is a formal violation of the law, it is a minor case, so a property sanction should not be imposed.

The Consumer Protection Commission imposes a property sanction on a trader for offering cherries for sale in a package of 0, 5 kg., without announcing the price per unit of measure, namely 1 kg.

Is it admissible to impose a pecuniary sanction for violation of Art. 22, para. 1 of the Consumer Protection Act, when the trader has announced that he sells packaged plates in pieces, but nevertheless indicated the weight of the plates, which is 0, 5 kg.?

The court considers that in this case, there is a violation of Art. 22, para. 1 of the Consumer Protection Act, because since the weight of the package was announced, the trader should have announced the indicative price per unit of measure. However, the court considers that in the present case the violation is of a very low degree of public danger, which is why it is a minor case, and on this basis, it has revoked the imposed pecuniary sanction. To substantiate this conclusion, the court took into account the following facts: the violation was committed for the first time, the plates had a correctly announced price of 0, 5 kg., consumers had a clearly stated price for each package and were therefore not completely deprived of information.

URL: https://varna-adms.justice.bg/

Пълен текст: Пълен текст

Няма налични резултати

Няма налични резултати

The Administrative Court Varna confirms the decision of the Varna District Court annulling the criminal decree of the Consumer Protection Commission.