Съдебна практика

  • Данни за случая
    • Национален идентификатор: Supreme Court, Judgement 10521/2015
    • Държава-членка: България
    • Общоприето наименование:N/A
    • Вид решение: Решение на върховния съд
    • Дата на решението: 22/06/2016
    • Съд: Върховен административен съд
    • Заглавие:
    • Ищец: Bulgarian Telecommunication Company AD
    • Ответник: Bulgarian Consumer Protection Commission
    • Ключови думи: commercial guarantee, decision to purchase, inaccurate information, information obligation, misleading advertising, misrepresentation
  • Членове от директивата
    Consumer Sales and Guarantees Directive, Article 1, 2., (e) Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Rights Directive, Chapter 2, Article 5, 1., (e)
  • Уводна бележка
    A commercial practice is considered unfair if it is established that the overall presentation of information in a commercial guarantee statement misleads or is likely to deceive the average consumer. It is sufficient the manner of its presentation to be able to mislead the average consumer on making a commercial decision to use the service.
  • Факти
    The plaintiff has been selling goods since 2011 to which a written commercial guarantee statement has been attached. The plaintiff entered into a supply agreement with MAXTEL OOD pursuant to which the supplier undertook to supply the goods accompanied with all documentation required by the Bulgarian law. The contract does not list an obligation to submit a warranty card. Item. 9.1. of the contract provides a guarantee period of 24 months for supplies of the contract goods, such as the supplier MAXTEL OOD provides repair or replacement of defective goods. The plaintiff does not challenge the fact that the inspected by the Consumer Protection Commission goods were covered by the contract between the plaintiff and MAXTEL OOD. The plaintiff does not dispute the fact that MAXTEL OOD has not attached warranty cards to the goods it has been selling since 2011. On 25 March 2015 the Bulgarian Consumer Protection Commission issued an order pursuant to which the plaintiff is not allowed to use unfair commercial practice.
  • Правен въпрос
    When is a commercial practice considered unfair as far as a commercial guarantee statement is concerned - is it necessary the content of the guarantee statement to be misleading or it is sufficient the manner of its presentation to be able to mislead the average consumer on making a commercial decision to use the service?
  • Решение

    The relevant question in this case is the way in which the seller has presented the commercial guarantee which could mislead the consumer (misleading advertising) where the latter continues to use the good, knowing that they are provided with a guarantee for 24 months. The prohibition refers to misleading commercial practice - if the seller provides false information in a way which, including its overall presentation, deceives or is likely to deceive the average consumer, even if the provided information is factually correct, and made or may have made the consumer buy the good which they otherwise would not buy. Therefore, in this case it is established that the overall presentation of the information about the presence of a written commercial guarantee deceives or is likely to deceive the average consumer. It is not necessary the information about the good to be unclear, inaccurate and form the wrong idea on any substantial feature of the good - it is sufficient that the manner of its presentation can mislead the average consumer on making a commercial decision to buy the good. In the present case the false information consists of the data in the commercial guarantee statement regarding the statutory (by the operation of law) liability of MAXTEL OOD for lack of conformity of the goods with the sale contract. Therefore, in the case at hand the consumer may have been deceived that a third party, but not the seller, is liable under the law for lack of conformity of the goods with the sale contract.

    URL: http://www.sac.government.bg/court22.nsf/d038edcf49190344c2256b7600367606/b87bcf0fa12c7d6ec2257fd90029ca0a?OpenDocument

    Пълен текст: Пълен текст

  • Свързани случаи

    Няма налични резултати

  • Правна литература

    Няма налични резултати

  • Резултат
    The court upheld the first instance court’s judgment that rejected the plaintiff’s appeal.