Case law

  • Case Details
    • National ID: No. E03-PTU-K223-11
    • Member State: Latvia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 20/03/2014
    • Court: Consumer Rights Protection Centre
    • Subject:
    • Plaintiff: Unknown
    • Defendant: SIA „BELBAU”
    • Keywords: distance contracting, information requirements
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 6, 1., (a) Consumer Rights Directive, Chapter 3, Article 6, 5.
  • Headnote
    (1) The information on the trader and on the right of withdrawal is indispensable in case of distance contracts since it affects the consumer’s decision to purchase the goods.
    (2) The main characteristics of the goods must be provided in a way to allow the consumer to identify and compare the goods pursuant to facts, instead of value-descriptions, which may mislead the consumer.
  • Facts
    The defendant traded goods (construction materials) on its website. The defendant had not provided information on its title, registration number and legal address. Neither had it provided the information on the right to withdrawal. The descriptions of the goods contained value-descriptions as “high-quality product” instead of technical specifications of the goods.
  • Legal issue
    (1) First, the court stated that the information on the trader: its title, legal address and registration number, constitutes indispensable information in case of distance contracts, since it affects the consumer’s decision to purchase the goods. Likewise the court stated that also the information on the right of withdrawal is indispensable in case of distance contracts.
    (2) Second, the court found that the main characteristics of the goods must be such as to allow the consumers to identify and compare the goods pursuant to facts, i.e., including technical specifications of the goods. Value-descriptions such as “high-quality product” are not sufficient for informing purposes, as they do not provide facts but instead may mislead the consumer that the particular goods are superior as to other similar goods.
  • Decision

    (1) What is the legal significance of the information on the trader and on the right of withdrawal in case of distance contracts?
    (2) In what way must the main characteristics of the goods be provided?

    URL: http://www.ptac.gov.lv/sites/default/files/20.03.2014_izraksts_lemums_sia_belbau.pdf

    Full text: Full text

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  • Result
    The defendant was ordered to rectify the insufficiency of information related to distance contracts and to pay a fine in the amount of EUR 3,000.00