Giurisprudenza

  • Dettagli del caso
    • ID nazionale: Provvedimento n. 25979
    • Stato membro: Italia
    • Nome comune:PS10279 - NISSAN-OFFERTA PREZZO D'ACQUISTO
    • Tipo di decisione: Altro
    • Data della decisione: 13/04/2016
    • Organo giurisdizionale: Autorità Garante della Concorrenza e del Mercato (AGCM)
    • Oggetto:
    • Attore: Autorità Garante della Concorrenza e del Mercato (AGCM)
    • Convenuto: Nissan
    • Parole chiave: misleading actions, misleading omissions, misleading price, price information, unfair commercial practices
  • Articoli della direttiva
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (d)
  • Nota introduttiva
    The omission of significant information in relation to the total cost of a product and, in particular, on the payment modalities and the price calculation consists in a misleading commercial practice.
  • Fatti
    Based on the information acquired ex office Nissan would have created a significant business practice consisting in presenting incomplete and ambiguous information on the overall cost of the advertised cars and, specifically, information about the means of payment and price calculation. In particular, it appeared that Nissan, in indicating cars' promotional prices, did not state that that same price was reserved only to those who subscribed to an installment loan contract for a final price considerably higher than the one indicated in the advertising. This requirement, in fact, was explained to the consumer only with a small note on the website.
  • Questione giuridica
    The conduct consisting in the omission of information to consumers that the guaranteed promotional price is reserved only to those who subscribe to installment loans for a final price which was significantly higher than the one indicated in the advertisement represents an unfair commercial practice?
  • Decisione

    The company was fined for providing “incomplete and ambiguous” information concerning the total cost of various automobiles advertised (Juke, Micra, Note and X-Trail). The mentioned information diffused through the operators’ Internet websites and other means of communication concerned, in particular, payment modalities and price calculation. In fact Nissan omitted to specify that the costs of the models advertised were reserved only to customers entering into contracts with installment loans. Therefore, the amounts advertised were deemed untrue both for customers wanting to purchase an automobile with modalities different from an installment loan, and for customers wanting to make use of the installment payment. In fact, in the latter case, prices should have been necessarily increased of the financing cost, circumstance not adequately specified in the advertisements diffused by the three automobile manufacturers.

    URL: http://www.agcm.it/component/joomdoc/bollettini/15-16.pdf/download.html

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  • Risultato
    Nissan was found guilty for the commission of misleading commercial practices.