On the basis of the gravity and duration of the practice, the ICA held that the defendant's conduct consisting in:
a) having activated unsolicited electricity supply contracts and in having provided a set of misleading and omissive information constitute an infringement of the provisions which set out the prohibition to carry out unfair commercial practices in connection with the deceptive and aggressive nature of the conduct itself;
b) having activated unsolicited natural gas supply contracts and in having provided a set of misleading and omissive information constitute an infringement of the provisions which set out the prohibition to carry out unfair commercial practices in connection with the deceptive and aggressive nature of the conduct itself;
c) having not acquired the explicit and informed consumer's consent to record his/her will on a durable medium, having not provided the consumers with the telephone call recording allowing them to store it, having not acquired the subscription of the contract or the consumer's consent before to consider him/her as bound by the obligations and in having not properly informed the consumer about the day from which he/she can exercise the right of withdrawal constitute an infringement of Articles 8, Paragraph 6; 9 of of Directive 2011/83/EU.
The ICA ordered the defendant to cease the above mentioned commercial practices and sanctioned Bee Twin S.p.A. (i) with a fine of € 250,000.00, reduced to € 175,000.00 in consideration of the significant changes proposed by the defendant to the procedure to conclude supply contracts in order to overcome consumers' problems, for the commercial practice under a); (ii) with a fine of € 100,000.00, reduced to € 70,000.00 in consideration of the significant changes proposed by the defendant as above, for the commercial practice under b) and (iii) with a fine of € 75,000.00 for the commercial practice under c). The overall amount of the fine was equal to € 320,000.00.