Jurisprudência

Price Indication Directive, link Price Indication Directive, Article 3, 4.

The non-indication of prices in advertising brochures shall not be regarded as an infringement of article 3(4) Directive 98/6/EC (implemented into Portuguese law by article 6 Decree-Law No. 138/90 of 26 April), because said provision does not require advertising to include information on prices. The provision requires instead that, in cases where the advertising makes reference to the price of a good or service, such price is clearly and visibly indicated in national currency (taxes included).

The plaintiff claimed that the defendant was distributing advertising brochures which did not include the relevant prices. The defendant claimed that the relevant prices were marked on tags and that this fact was sufficient to comply with the obligation to indicate the prices.

Shall the non-indication of prices in advertising brochures be regarded as an infringement of article 3(4) Directive 98/6/EC (implemented into Portuguese law by article 6 Decree-Law No. 138/90 of 26 April)?

The court decided that the non-indication of prices in advertising brochures was irrelevant because article 3(4) Directive 98/6/EC (implemented into Portuguese law by article 6 Decree-Law No. 138/90 of 26 April) does not require advertising to include information on prices. Said provision requires instead that, in cases where the advertising makes reference to the price of a good or service, such price is clearly and visibly indicated in national currency (taxes included).

URL: http://www.icap.pt/icapv2/icap_site/deliberacao_detalhe.php?AG4JPQ51=ADotela9Xr1&AHAJJg5i=&AGoJNwtela9Xr1tela9Xr1=ADIJYw43&AGIJPQ5v=ADEJYw4wVm4tela9Xr1

Texto integral: Texto integral

Sem resultados disponíveis

Sem resultados disponíveis

The court decided in favour of the defendant.