Giurisprudenza

  • Dettagli del caso
    • ID nazionale: PS183
    • Stato membro: Italia
    • Nome comune:SAGITTARIO DISTRIBUZIONI-SETTIMANA A SANTO DOMINGO
    • Tipo di decisione: Decisione amministrativa di primo grado
    • Data della decisione: 22/10/2009
    • Organo giurisdizionale: Autorità Garante della Concorrenza e del Mercato (Rome)
    • Oggetto:
    • Attore: Italian Competition Authority
    • Convenuto: Sagittario Distribuzioni S.r.l.
    • Parole chiave: aggressive commercial practices, black list, confusing marketing, misleading commercial practices, misleading omissions, special offer, travel, unordered product
  • Articoli della direttiva
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4. Unfair Commercial Practices Directive, Annex I, 29.
  • Nota introduttiva
     

    (1) The promotion and use of forms that include inaccurate information for planning travel and holidays, constitutes a misleading omission, as relevant material information on the main characteristics and costs of the offers had been omitted. 

    (2) It constitutes an aggressive commercial practice to request payment for supplementary costs and for activities that were not ordered by the consumer.
  • Fatti
    Further to a consumer complaint reported on 27 November 2007, and following its own investigation activities, the Italian Competition Authority decided to start an investigation proceeding against Sagittario Distribuzioni S.r.l. (a company active in the organisation of travels and holidays).

    The commercial practices investigated by the Authority consisted of several unfair behaviours related to misleading information (by means of forms) regarding the promotion of special travel offers to consumers.

    As the practice had also been carried out online, the opinion of the Italian Communication Authority was also requested on 15 September 2009.
  • Questione giuridica
    Does the promotion and use of forms that include inaccurate information for planning travel and holidays, constitute an unfair commercial practice?
  • Decisione

    The Italian Competition Authority decided that the promotion and use of forms that include inaccurate information for planning travel and holidays, constitutes an unfair commercial practice and, in particular a misleading omission, since relevant material information on the main characteristics and costs of the offers had been omitted.

    It also constitutes an aggressive commercial practice, as payment was requested for supplementary costs and for activities that were not ordered.

    URL: http://www.agcm.it/agcm_ita/DSAP/Dsap_pi.nsf/a0d111d6626f957fc125652a00315873/5048187de321b451c125766a00358942?OpenDocument&Highlight=2,PS183

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  • Risultato
    The Italian Competition Authority decided to fine Sagittario Distribuzioni S.r.l.for an amount equal to 200.000 EUR.