Jurisprudenţă

  • Detalii privind cazul
    • ID național: County court, Timis, Judgement 470A/2020
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Decizie a Curții care face obiectul unui recurs
    • Data deciziei: 02/07/2020
    • Instanţa: Tribunalul Timis, Secția de Contencios Administrativ si Fiscal
    • Obiect:
    • Reclamantul:
    • Pârâtul:
    • Cuvinte-cheie: price indication , price information, selling price, clearly legible
  • Articole din directivă
    Price Indication Directive, Article 2, (a) Price Indication Directive, Article 8 Price Indication Directive, Article 8
  • Notă preliminară

    The contravention report sanctioning one single contravention is valid and cannot be annulled when at least one of the two conducts involved met the standards for that contravention.

  • Fapte

    The NAPC issued a contravention report, sanctioning the company that administrated the public parking in Timisoara. It found two contraventions: the first regarded the lack of correct and complete information for the consumers about the manner of using the parking services and the tariffs of those services; the second concerned the violation of the legal provisions on the stipulation of prices for those services, the professional being reproached both the fact that he indicated the prices in euros (and not in national currency) and also, that he had not detailed the content of those prices (the fact that the VAT was not included). The professional contested the second contravention (that regards the Government decision 947/2000), but the Court decided to annul it. The NAPC launched an appeal against that judgement.

  • Chestiune juridică

    Is it possible to annul a contravention report sanctioning two acts when only one of those acts infringed the law?

  • Hotărârea

    Even if, for the contravention found and sanctioned, the agents referred to two different hypotheses/acts (1. the expression of tariffs in euros and not in national currency and 2. the omission of the VAT to be added to the sums indicated, for the final cost of the services), this circumstance does not remove the uniqueness of the contravention found.

    Even if the agents were wrong to establish that the trader could not express its tariffs in euros (such a possibility being accepted by the Law), nevertheless they acted lawfully as regards the second act – the trader violated its legal obligation to inform consumers about the final price of the service provided and accepted by the consumer (a price that should have included all the costs, including the VAT); such an act meets the legal criteria of the contravention established by Art. 20(4) GO 21/1992 and can be sanctioned. Because the contravention report mentioned a single contravention and because at least one of the two conducts involved meets the standards for that contravention, the annulment of the contravention report by the First Instance Court was unjustified.

    Text integral: Text integral

  • Cazuri conexe

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  • Doctrină

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  • Rezultat

    Because the contravention report mentioned a single contravention and because at least one of the two conducts involved meets the standards for that contravention, the annulment of the contravention report by the First Instance Court was unjustified. The Court admitted the appeal launched by the NAPC and quashed the contested judgement. The decision is final.