Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: A-556-1370/2012
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 10/04/2012
    • Teismas: Lietuvos vyriausiasis administracinis teismas
    • Tema:
    • Ieškovas: UAB “Interneto partneris”
    • Atsakovas: State Consumer Rights Protection Authority
    • Raktažodžiai: misleading omissions, price, professional diligence, travel, unfair commercial practices
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c)
  • Įžanginė pastaba
    The failure to inform the consumers that checked-in luggage is not included in the flight ticket price can be considered as a misleading omission on the part of the flight ticket intermediary.
  • Faktai
    The plaintiff was the operator of the flight tickets e-shop www.greitai.lt and acted as an intermediary between the airlines and the consumers.

    The defendant initiated investigation and identified that during the flight tickets purchase procedure the plaintiff’s e-shop showed that the consumers are entitled to 20 kg of free checked-in luggage. Some consumers, who purchased their tickets from the plaintiff’s e-shop, arrived at the airport and were asked by AirBaltic staff to pay for their checked-in luggage as it was not included in their ticket price.

    The defendant adopted the decision, in which it found that the plaintiff was engaged in unfair commercial practices (misleading omission) and imposed a fine on the plaintiff.
  • Teisės klausimas
    Can the failure to inform the consumers that checked-in luggage is not included in the flight ticket price be considered as a misleading omission on the part of the flight ticket intermediary?
  • Sprendimas

    The court explained that a commercial practice should be deemed unfair if it is contrary to the requirements of professional diligence and if it materially distorts or is likely to materially distort the economic behaviour of an average consumer with regard to the offered product. The professional diligence is the standard of special skills and care, which a trader may reasonably be expected to exercise towards consumers and which corresponds to honest market practices and/or the general principle of good faith in the trader’s field of activity.

    The plaintiff’s e-shop www.greitai.lt is the most popular flight tickets e-shop in Lithuania. The plaintiff’s most important activity is the sale of flight tickets to consumers, thus stricter requirements of care and professional diligence are applicable to the plaintiff. The plaintiff, being a professional seller of flight tickets, had an obligation to inform the consumers about the material information, related to the flight tickets. The court confirmed that the information, whether checked-in luggage is included in the ticket price, is considered to be material in this case. Since the plaintiff did not inform the consumers that checked-in luggage is not included in the flight ticket price, the court concluded that the plaintiff indeed carried-out a misleading omission, i.e. unfair commercial practice.

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  • Susijusios bylos

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  • Teisinė literatūra

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  • Rezultatas
    The court rejected the plaintiff’s claim.