Judikatūra

  • Lietas apraksts
    • Nacionālais identifikators: Administrative Regional Court, AA43-0139-22/14 (A420250120)
    • Dalībvalsts: Latvija
    • Vispārpieņemtais nosaukums:N/A
    • Lēmuma veids: Pārsūdzēts administratīvs lēmums
    • Lēmuma datums: 31/03/2022
    • Tiesa: Administratīvā apgabaltiesa
    • Temats:
    • Prasītājs:
    • Atbildētājs:
    • Atslēgvārdi: consumer rights, unfair commercial practices, effect of the duty to discontinue the unfair commercial practice
  • Direktīvas panti
    Unfair Commercial Practices Directive, Whereas, (22) Unfair Commercial Practices Directive, Chapter 4, Article 11, 2. Unfair Commercial Practices Directive, Chapter 4, Article 11, 2., (a) Unfair Commercial Practices Directive, Chapter 4, Article 11, 2., (b)
  • Ievadpiezīme

    ECLI:LV:ADAT:2022:0331.A420250120.12.S


    If a trader (who conducts an unfair commercial practice) is under the duty to discontinue a particular unfair commercial practice, this duty has a long-term effect and cannot be revoked due to a short – term activity.

  • Fakti

    The Consumer Rights Protection Centre adopted a decision by imposing a fine on the trader (the user of the website) and a duty to discontinue the unfair commercial practice by abstaining from using a particular website. The decision is based on the fact that the trader’s website provided false information about the service provider. It failed to provide information about the final price of the service or the method of its calculation, payment options for the service, terms and term for fulfilment; did not inform about the right of withdrawal; omitted information about the procedure for out-of-court dispute resolution; failed to inform about the procedure, in which the consumer is informed about violations, closing of the profile, prohibition to submit advertisements, the procedure for returning the money paid by the consumer, as well as additional payments.

    The trader applied to the Centre by requesting the admission that the factual circumstances had changed and that he, the trader, cannot fulfil the decision in question as it did not use the website in question anymore. The Centre replied to the trader that the decision would remain in force. The trader applied before a court by claiming it be recognised that the above decision has lost its force as the trader had discontinued the use the website in question and thus cannot fulfil the decision in question. The First Instance Court established that the dispute relates to the fact of whether the decision in question has lost its force. The Court established that the trader considers that the duty to discontinue the unfair commercial practice is a temporary suspension. The Court further concluded that such a view is ungrounded, otherwise, the duty to discontinue to use the website would be fulfilled in the case of even very shorty interruption of its use. The Court admitted that the decision has long-term effect, therefore there are no grounds to declare that the decision has lost its force even if the applicant does not perform the commercial practice in question anymore, i.e., does not use a particular website. The First Instance Court dismissed the application of the trader. The trader appealed the judgement to the Administrative Regional Court (the appeal instance court in administrative cases) by indicating, inter alia, that he, the applicant, has fulfilled all obligations imposed by the Centre.

  • Juridisks jautājums

    Is the trader still under the duty to discontinue the use of a particular website if it is not used by this trader anymore.

  • Lēmums

    The Administrative Regional Court joined the reasoning of the First Instance Court. In addition, the Court indicated that the appeal claim contains the same grounds which were already reviewed and dismissed by the court in another case, therefore they cannot be reviewed repeatedly.

    URL: https://manas.tiesas.lv/eTiesasMvc/nolemumi/pdf/474528.pdf

    Pilns teksts: Pilns teksts

  • Saistītās lietas

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  • Juridiskā literatūra

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  • Rezultāts

    The Court dismissed the application of the trader. The judgement was appealed to the Supreme Court, but the outcome at cassation is unknown.