Case law

  • Case Details
    • National ID: VI SA/Wa 1406/15
    • Member State: Poland
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 19/11/2015
    • Court: Provincial Administrative Court in Warsaw
    • Subject:
    • Plaintiff: "S." Sp.j.
    • Defendant: President of the Office of Competition and Consumer Protection
    • Keywords: administrative authority, labelling, price, price information, unit price
  • Directive Articles
    Price Indication Directive, Article 8
  • Headnote
    (1) There is no doubt that the terms "price" and "unit price" are different. "Price" means the selling price and "unit price" is the price for one unit of a specific product, which means that it can be, but does not have to be, the same as the selling price.

    (2) All products have to be clearly and unequivocally labelled with the selling price and the unit price, thus enabling the comparison of product prices.
  • Facts
    The Provincial Trade Inspectorate (hereinafter referred to as "the Inspectorate") issued a decision and imposed an administrative penalty on the company (the plaintiff) for its failure to present the prices and unit prices of its offered products.

    The Inspectorate carried out an inspection in the company and questioned the manner in which it presents the prices in its shops.

    The problem concerned only a part of the products offered by the plaintiff (96 types of product were not marked with the unit price and nine types of product did not have the price or the unit price).

    The Inspectorate issued a post-inspection statement and obliged the plaintiff to take actions to eliminate the errors concerning price presentation and explain the reasons for those errors.

    The plaintiff appealed to the President of the Office of Competition and Consumer Protection (hereinafter referred to as "the President of OCCP), arguing that every product was marked with the price and a barcode enabling the verification of the price. At the same time, the plaintiff confirmed that the absence of unit prices was the result of an employee's mistake. The plaintiff also questioned the size of the imposed penalty.

    The President of the OCCP upheld the decision of the Inspectorate, stating that the plaintiff's infringement was is proven and the penalty is proportionate.

    The plaintiff then submitted a complaint to the Provincial Administrative Court, arguing that the interpretation made by the Provincial Trade Inspectorate and President of the OCCP was incorrect.
  • Legal issue
    The court pointed out that the decisions issued by the Inspectorate and by the President of the OCCP were both in line with the Act on Informing about Prices of Goods and Services and with the Regulation of the Minister of Economy on detailed instructions for the display of goods and services and the manner of marking goods to be sold with a price (hereinafter referred to as "the Regulation").

    The court noted that the price is a value expressed in monetary units, which the buyer is obliged to pay to the business entity for goods or services. Hence, the price means the selling price. At the same time, the unit price is a price determined for a unit of specified goods (services), the amount or number of which is expressed in units of measurement.

    According to the Regulation, a product does not have to be marked with the unit price if it is the same as the selling price (this mainly concerns goods sold in one-litre or one-kilogramme packages).

    In the court's opinion, 105 of the plaintiff's products should have been marked with the unit prices calculated for 1 kilogramme and 1 litre. Moreover, according to the Regulation, those products cannot be exempted from the duty to reveal the unit price.

    According to the court, there is no doubt that "price" and "unit price" are different terms. The price means the selling price and the unit price is the price for one unit of quantity of a specific product, so it can be, but does not have to be, the same as the selling price. The court also pointed out that all products have to be clearly and unequivocally marked with the selling price and the unit price, thus enabling the comparison of product prices.

    The court noted that the administrative body is able to justify its decision on the basis of the provisions of Directive 98/6/EC, which imposes a penalty on the individual. According to the Directive, the penalty must be effective, proportionate and act as a deterrent. The administrative body must take this into account when calculating the penalty.

  • Decision

    (1) What is the difference between a price and a unit price?

    (2) How should the price and unit price be labelled on the product?

    URL: http://orzeczenia.nsa.gov.pl/doc/0828224A21

    Full text: Full text

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  • Result
    The Court rejected the plaintiff's complaint.