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Case detail



Directive article Annex I al1 2.
National ID PS1174
Country Italy Decision date 22/12/2009
Common name VARIE SOCIETÀ-PRODUZIONE CASCHI PER MOTOCICLISTI Decision type Administrative decision, first degree
Court Autorità Garante della Concorrenza e del Mercato (Rome) Plaintiff(s) Italian Competition Authority
Court translation Italian Competition Authority Defendant(s) Made in Italy, RVM, Vismara, Cascobene and XMoto
Subject trust mark
Keywords black listchildrenmisleading commercial practicesmisleading omissionsmisleading statementsprofessional diligenceteenagerstrust mark

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Headnote

(1) The production, promotion and distribution of motorcycle helmets without the prior authorisation provided for by European rules and without complying with the conditions required for their homologation, constitutes a misleading commercial practice.

(2) Affixing homologation marks to motorcycle helmets, and stating in the brochure that the helmets comply with the European rules, constitutes an infringement of Annex I-2 of the UCP Directive in the absence of concrete compliance with the homologation requirements.

(3) The failure to verify the consistency of homologation requirements constitutes a misleading omission and an act that is contrary to the requirements of professional diligence.

Facts

Further to complaints reported by two competitors and by consumer associations, and also further to a request for information served to Made in Italy on 3 July 2008, the Italian Competition Authority initiated investigation proceedings on 26 June 2009 against the following traders:

(1) RVM and Vismara, which were engaged by Made in Italy to produce and distribute motorcycle helmets (also for children and teenaagers). They were charged for affixing to such helmets the homologation mark, and stating in the brochure that the homologation was in compliance with the European rules, in the absence of concrete compliance with the homologation requirements.

(2) Cascobene and XMoto, for selling motorcycle helmets without verifying the consistency of the homologation requirements.

The commercial practices assessed by the Authority consisted of the production, promotion and distribution of helmets, also addressed to children and teenagers, without the prior authorisation provided for by European rules, and without complying with the conditions required for their homologation.
 

Legal issue

Does the production, promotion and distribution of motorcycle helmets (also for children and teenagers) without the prior authorisation required by European rules, and without complying with the conditions required for their homologation, constitute a misleading commercial practice? 

Decision

The Italian Competition Authority decided that:

(1) The absence of the concrete compliance with the homologation requirements constitutes a misleading commercial practice, which is able to jeopardize children and teenagers. According to the Authority, the act of affixing the homologation marks also constitutes a violation of the per se prohibition laid down in Annex I-2 of the UCP Directive in the absence of concrete compliance with the homologation requirements.

(2) The failure to verify the consistency of the homologation requirements constitutes a misleading omission and an act that is contrary to the requirements of professional diligence, as both traders jointly omitted to verify the requirements necessary for the homologation.

  URL Decision Decision full text
EN N/A
IT http://www.agcm.it/agcm_ita/DSAP/Dsap_pi.nsf/a0d111d6626f957fc125652a00315873/e0a55e156795e0a3c12576bd0055f164?OpenDocument&Highlight=2,PS1174

Result

The traders involved were fined on the basis of the gravity and duration of the practice, for a total amount of 465.000 EUR.

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