Case law

  • Case Details
    • National ID: PS9353 - Decision No. 25911
    • Member State: Italy
    • Common Name:Amazon - Market place - Garanzia legale
    • Decision type: Other
    • Decision date: 09/03/2016
    • Court: Italian Competition Authority
    • Subject:
    • Plaintiff: Autorità Garante della Concorrenza e del Mercato (Rome)
    • Defendant: Amazon EU Sàrl, Amazon Services Europe Sàrl, Amazon Europe Core Sàrl
    • Keywords: after-sales service, consumer rights, guarantee, identity of the trader, information requirements
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 6 Consumer Rights Directive, Chapter 3, Article 8, 2.
  • Headnote
    Providing poor and imprecise information and/or in a way for what such information are difficult to be found and understood by consumers constitutes an unfair commercial practice since it is an infringement of Articles 6 and 8, Paragraph 2 of Directive 2011/83/EU on consumer rights.
  • Facts
    Following many complaints reported by consumers, an investigative proceeding was opened against the defendants for the alleged infringement of Articles 49, 50, 52, 53, 54, 55, 56 and 57 of the Legislative Decree of 6 September 2005, No. 206 (the Italian Consumer Code) for not having provided or having provided inadequately relevant information during the purchase phase, in particular mandatory pre-contractual information and information concerning the existence and the conformity of legal guarantees. Such conduct was carried out both in case of direct sale of goods by the defendants and in case of sale through third party sellers (sales on the marketplace).

    The ICA's investigation proved that, in case of direct sale, the defendants did not adequately provide consumers, before the onset of the contractual obligations and in an easy and accessible way, with specific pre-contractual information regarding rescission and related terms and exclusions, the existence and conditions of post-sale costumer service, as well as a remind concerning the existence of a legal guarantee.

    With reference to sales on the marketplace, the ICA ascertained that the defendants did not provide consumers with adequate information concerning trader's actual identity and contact details, the role played by the defendants in such type of transaction, withdrawal and product return, pre and post-sale customer service by third party sellers, as well as a remind on legal guarantees.

    Moreover, it emerged that such lack of transparency about relevant information during the purchase phase on the marketplace was even more evident in the cases in which consumers, although purchasing on the defendants' website, came to know about the actual counterparty only when they found a defect of product conformity or inefficiency. In such circumstances the defendants simply stated their non-involvement in contracts concluded between third party sellers and consumers.
  • Legal issue
    The defendants' conducts took place in the field of e-commerce, a context where typically the contractual relationship occurred at distance and, therefore, the consumer negotiating power is very poor and the information asymmetry is very high.

    In light of this, derives the need to guarantee to consumers, before the contractual obligations and in a clear and comprehensible manner, a full and precise information framework of the related contractual relationship, in order to allow the consumer to evaluate its convenience and the conformity of goods/services to the declarations provided by the trader.
  • Decision

    Does the provision of poor and imprecise information and/or in a way for what such information are difficult to be found and understood by consumers constitute unfair commercial practice and, therefore, such type of conduct has to be terminated and sanctioned?

    URL: http://www.agcm.it/consumatore--delibere/consumatore-provvedimenti/open/C12560D000291394/1DAB422CC30D49FAC1257F9200402431.html

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    On the basis of the gravity and duration of the practice, the ICA held that the defendants' conducts constituted an infringement of Articles 6 and 8, Paragraph 2 of Directive 2011/83/EU and ordered the defendants to cease the unfair commercial practices and sanctioned: (i) Amazon Services Europe Sàrl with a fine of € 220,000,000.00 and (ii) Amazon EU Sàrl with a fine of € 80,000.00.