The administrative body repeated that the producer, trader, importer or supplier may not deceive the consumer; in particular, they may not state untrue, undocumented, incomplete, inaccurate, obscure or ambiguous information or withhold information concerning the characteristics of a product or service or concerning purchase terms and conditions.
Unfair commercial practices shall be prohibited. A commercial practice shall be unfair if it is contrary to the requirements of professional diligence and if it materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer to whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers. A commercial practice shall be considered as misleading if it causes or is likely to cause the consumer to enter into transaction that he or she would not have entered otherwise because it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer, even if the information is factually correct.
Based on the above, the administrative body held that the trader should not impose obligations on consumers without legal grounds. The trader, so the body held, is obliged to duly inform the consumer about the conditions for, and method of filing a complaint, including the information on where a complaint can be submitted and on the performance of warranty repairs. The conditions connected to a complaint procedure must be displayed on a visible place accessible to the consumer.
Furthermore, the administrative body held, the trader may not deny the consumer's rights to: - obtain products and services of good quality, - submit a complaint, - damages, information, protection of his own health, safety and economic interests, - submit motions and complaints to supervisory and inspection authorities and to the municipality in the event of breach of the consumer's statutory rights, - protection against unacceptable conditions in consumer contracts.
According to the administrative body, the commercial practice of the defendant represented a breach of the trader's obligations as stipulated in the Consumer Protection Code.