Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (b) Unfair Commercial Practices Directive, Chapter 2, Article 5, 5. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d)

(1) Directive 2005/29/EC is applicable to unfair business-to-consumer commercial practices prior to a commercial transaction in relation to a product.
(2) A commercial practice is considered unfair, if it is contrary to the requirements of professional diligence or if it materially distorts or may materially distort the economic behavior of the average consumer with regard to the product or to the service whom it reaches or whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers.
(3) A commercial practice shall be regarded as misleading if it misleads the consumer in relation to the price.

The administrative body is a state authority, funded by the Ministry of Economy of the Slovak Republic.
The defendant is a legal entity performing business activities in the field of commerce, services and manufacture.
The administrative body claimed that the defendant breached the prohibition of unfair commercial practices.
On 9 February 2016 and 1 March 2016, the inspectors of the Inspectorate of the Slovak Trade Inspection carried out the inspection in the defendant´s business premises. Based on the inspection carried out by the administrative body, it was inspected that the defendant maintained misleading information in relation to the price of the product. The inspection revealed that the defendant provided in the contrary to the requirements of professional diligence misleading information about the price of the product and the existence of a specific price advantage on his website. The original price of the product on the defendant´s website was 717,40 € and sale price was only 14,65 €, however; the defendant did not prove the correctness of the original price. This commercial practice shall be regarded as misleading because it causes or it is likely to cause that the consumer take a transactional decision that he would not have taken otherwise and deceives or is likely to deceive the average consumer.

The Inspectorate of the Slovak Trade Inspection decided to impose the fine to the defendant in the amount of EUR 1.000 for the infringement of the prohibition of unfair commercial practices.

(1) Is Directive 2005/29/EC applicable to unfair business-to-consumer commercial practices prior to a commercial transaction in relation to a product.
(2) Is a commercial practice is considered unfair, if it is contrary to the requirements of professional diligence or if it materially distorts or may materially distort the economic behavior of the average consumer with regard to the product or to the service whom it reaches or whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers.
(3) Is a commercial practice regarded as misleading if it misleads the consumer in relation to the price.

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The defendant was imposed with a fine in the amount of EUR 1.000.