Съдебна практика

  • Данни за случая
    • Национален идентификатор: Penal administrative case No 194/2016
    • Държава-членка: България
    • Общоприето наименование:N/A
    • Вид решение: Съдебно решение в процес на обжалване
    • Дата на решението: 10/10/2016
    • Съд: Административен съд Габрово
    • Заглавие:
    • Ищец: Bulsatcom EAD
    • Ответник: Bulgarian Consumer Protection Commission
    • Ключови думи: inaccurate information, information obligation
  • Членове от директивата
    Consumer Rights Directive, Chapter 2, Article 5
  • Уводна бележка
    (i) The provision of information regarding the specific prices of certain services only in the section ‘FAQ’ on the website of the trader is not sufficient to support the conclusion that the trader has provided this information in a clear and comprehensive manner.

    (ii) The fact that the violation found by the inspectors was not related to a specific contract does not exclude the liability of the trader if the latter has not provided to consumers the information required by the law.
  • Факти
    The plaintiff Bulsatcom is a Bulgarian satellite television, internet and mobile operator.

    Following an inspection, on 5 February 2016 the Regional Directorate of the Consumer Protection Commission issued a penal decree imposing an administrative sanction (pecuniary penalty) on the plaintiff on the grounds of administrative violation of Article 4, Para 1, point 3 and 4 of the Consumer Protection Act which implements the provision of Article 5, para 5, points (d) and (e) of Directive 2011/83. The administrative sanction was based on the findings that the plaintiff did not provide either in its offices, or on its website information that its standard TV package offered to consumers does not include access to certain TV channels provided by the operator and that these services are only available upon additional payment by the clients of the operator.

    The plaintiff appealed the administrative sanction before Sevlievo Regional Court and argued that the information required by the law was provided on its website in the section Frequently Asked Questions” (‘FAQ’). The plaintiff also supported the position that it can be held liable only in case the information at issue was not provided to a particular consumer.
    However, the court denied the appeal and upheld the penal decree of the Consumer Protection Commission. As a final resort, the plaintiff appealed the first instance court’s judgment before the appellate instance- Gabrovo Administrative Court.
  • Правен въпрос
    (1) Is the fact that a trader provides on its website information about the special prices of certain additional services offered by him but only in the section ‘FAQ’ sufficient to conclude that the trader has fulfilled its obligations under Article 5, para 5, points (d) and (e) of Directive 2011/83?

    (2) Should the liability of the trader for failure to provide information under Article 5 of Directive 2011/83 be engaged only in cases of specific contractual relations with consumers or it can be engaged even if no particular consumer rights were violated?
  • Решение

    (1) The provision of information regarding the specific prices of certain services only in the section ‘FAQ’ on the website of the trader is not sufficient to support the conclusion that the trader has provided this information in a clear and comprehensive manner. Given that this information is not immediately visible and easily accessible for the consumer upon opening the website, it should be concluded that the plaintiff has not fulfilled its statutory obligation to provide the information about the product or service in writing or in another appropriate manner which enables its perception by the consumer.

    (2) The fact that the violation established by the inspectors was not related to a specific contract does not exclude the liability of the trader if the latter has not provided to consumers the information required by the law. The violation concerns the general obligation to provide information as set forth in Article 4 of the Consumer Protection Act, and that provision actually refers to the time by which the trader must fulfill his obligation to the client. However, this does not mean that the trader’s responsibility can be engaged only in case of failure to fulfil its obligation to a particular client – such interpretation is restrictive and contrary to the true meaning of the provision.

    URL: http://www.sac.government.bg/court22.nsf/d038edcf49190344c2256b7600367606/8e32d0fd84221f4ec2257e1c004684e0?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.