Judikatúra

  • Údaje o veci
    • Národný identifikačný prvok: Case P/0188/07/16
    • Členský štát: Slovensko
    • Všeobecný názov:N/A
    • Typ rozhodnutia: Správne rozhodnutie, prvý stupeň
    • Dátum rozhodnutia: 30/08/2016
    • Súd: Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Prešove pre Prešovský kraj
    • Predmet:
    • Žalobca: N/A
    • Žalovaný: GVP, spol. s.r.o.
    • Kľúčové slová: consumer, consumer rights, selling price, unit price
  • Články smernice
    Price Indication Directive, Article 1 Price Indication Directive, Article 3 Price Indication Directive, Article 5
  • Úvodná poznámka
    (1) A seller is obliged to mark the product with the selling price in accordance with Section 14a (1) of Act No. 250/2007 Coll. on consumer protection, as amended (implemented from Article 3 (1) of the Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers ("Directive 98/6/EC" or "Price Indication Directive")).

    (2) A seller fulfils his obligation to mark the product with the selling price when the price information is made available to the consumer without a need for the consumer to take any action in order to find a price for the given product.

    (3) A seller is obliged to clearly and understandably inform the consumer, prior to concluding the contract, on the option to refer his case to the institution performing alternative dispute resolution services in accordance with Section 10a (1) lit. k) of Act No. 250/2007 Coll. on consumer protection, as amended (implemented from Article 5 (4) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance ("Directive 2011/83/EU")).
  • Skutkový stav
    The Trade Inspection inspected a grocery store operated by the defendant. The Trade Inspection identified several breaches of the Act No. 250/2007 on consumer protection, as amended.

    The defendant breached the provisions of the Act on consumer protection as a seller who is offering and selling products or services to consumers and for this purpose concluding consumer contracts.
  • Právna záležitosť
    (1) Is a seller obliged to mark the product with the selling price?

    (2) When does a seller fulfil his obligation to mark the product with the selling price?

    (3) Is a seller obliged to inform the consumer on the option to refer his case to the institution performing alternative dispute resolution services?
  • Rozhodnutie

    The Trade Inspection identified the following breaches of the Act on consumer protection by the defendant:

    The defendant has failed to clearly and understandably inform the consumer, prior to concluding the contract, on the option to refer his case to the institution performing alternative dispute resolution services as it is required under Section 10a (1) lit. k) of Act No. 250/2007 Coll. on consumer protection, as amended (implemented from Article 5 (4) of the Directive 2011/83/EU). Under the Act No. 250/2007 Coll. on consumer protection, as amended, the seller is obliged to inform the consumer on the option of alternative dispute resolution in case the consumer was not satisfied with the way how the seller has managed the consumer’s claim or has otherwise breached the consumer’s rights.

    The defendant also failed to mark the product that he was offering for sale with the selling price in accordance with Section 14a (1) of Act No. 250/2007 Coll. on consumer protection, as amended, (implemented from Article 3 (1) of the Directive 98/6/EC). At the time of the inspection, six types of products that were missing the selling price were identified. The selling price must be designated directly on the product itself. Such obligation is also stipulated in the Directive 98/6/EC from 16 February 1998. Article 3 of the Price Indication Directive (implemented into Slovak law by Section 14a of Act No. 250/2007 Coll. on Consumer Protection as amended) stipulates that all products defined in Article 1 of the Directive (implemented into Slovak law by Section 1 of Act No. 250/2007 Coll. on Consumer Protection as amended) are to be marked with the selling price as well as the unit price. The designation of the price is further detailed in Article 5 of the Directive 98/6/EC (implemented into Slovak law by Section 14a (3) of Act No. 250/2007 Coll. on Consumer Protection as amended).

    The Trade Inspection has further stated that, in accordance with the case law of the Supreme Court of the Slovak Republic, the obligation of the seller to inform the consumer on the price of the product is fulfilled when the price information is made available to the consumer without a need for the consumer to take any action in order to find a price for the given product.

    Celé znenie: Celé znenie

  • Súvisiace veci

    Nie sú k dispozícii žiadne výsledky

  • Právna náuka

    Nie sú k dispozícii žiadne výsledky

  • Výsledok
    The defendant was imposed with a fine in the amount of EUR 300 for breaching the provisions of the Act No. 250/2007 on consumer protection, as amended.