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Case detail



Directive article Article 5 4.
Article 6 1. (d)
National ID Slovak Trade Inspection, 14.01.2008 ref. code: P/411/2/2007
Country Slovakia Decision date 14/01/2008
Common name Decision type Administrative decision, first degree
Court Slovenská obchodná inšpekcia, Trnava Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Trnave pre Trnavský kraj Plaintiff(s)
Court translation Slovak Trade Inspection, Trnava Slovak Trade Inspection, Inspectorate with its registered seat in Trnava, Trnava region Defendant(s) Športka, a.s., registered seat: Trnavská cesta 37, 832 96 Bratislava, Id.Nr. : 31 340 831
Subject discounts
Keywords discountsmisleading commercial practicesmisleading pricemisleading statementsprice informationprice reductionsspecial offer

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Headnote

It is a misleading practice to mention two prices for the same good, while also simultaneously announcing significant reductions that are not effectively applied upon payment. A trader that is advertising discounts by using an expression such as "a discount up to 70% possible" should give discounts at this exact rate and not lower. 

Facts

The defendant, a trader, marked its goods with two prices. One of these goods had a price sheet with a price in the amount of 790 Slovak crowns, and another price in the amount of 590 Slovak crowns. This price sheet also mentioned that "a discount of up to 70% is possible". The inspectors bought this good and had to pay 590 Slovak crowns, which presented only a 25,3% discount.

The conduct also concerned other goods of the trader.

Legal issue

Is it a misleading practice to mention two prices for the same good, while simultaneously announcing significant reductions that are not effectively applied upon payment?

Decision

The Slovak Trade Inspection decided that the trader's conduct constituted a breach of the Slovak Consumer Protection Act. According to the Slovak Trade Inspection, the trader had used unclear discount statements to mislead the consumer. In this way, the trader deceived the consumer and distorted the economic behavior of the average consumer.

  URL Decision Decision full text
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Result

The Slovak Trade Inspection imposed a fine of  5.000 Slovak crowns (about 166 EUR).

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