European Commission

 

Case detail

B a c k

Directive article Article 5 4.
Article 7 1.
Article 7 4.
Annex I al2 29.
National ID PS183
Country Italy Decision date 22/10/2009
Common name SAGITTARIO DISTRIBUZIONI-SETTIMANA A SANTO DOMINGO 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) Sagittario Distribuzioni S.r.l.
Subject aggressive commercial practices
Keywords aggressive commercial practicesblack listconfusing marketingmisleading commercial practicesmisleading omissionsspecial offerunordered producttravel

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Headnote

 

(1) The promotion and use of forms that include inaccurate information for planning travel and holidays, constitutes a misleading omission, as relevant material information on the main characteristics and costs of the offers had been omitted. 

(2) It constitutes an aggressive commercial practice to request payment for supplementary costs and for activities that were not ordered by the consumer.

Facts

Further to a consumer complaint reported on 27 November 2007, and following its own investigation activities, the Italian Competition Authority decided to start an investigation proceeding against Sagittario Distribuzioni S.r.l. (a company active in the organisation of travels and holidays).

The commercial practices investigated by the Authority consisted of several unfair behaviours related to misleading information (by means of forms) regarding the promotion of special travel offers to consumers.

As the practice had also been carried out online, the opinion of the Italian Communication Authority was also requested on 15 September 2009.

Legal issue

Does the promotion and use of forms that include inaccurate information for planning travel and holidays, constitute an unfair commercial practice?

Decision

The Italian Competition Authority decided that the promotion and use of forms that include inaccurate information for planning travel and holidays, constitutes an unfair commercial practice and, in particular a misleading omission, since relevant material information on the main characteristics and costs of the offers had been omitted.

It also constitutes an aggressive commercial practice, as payment was requested for supplementary costs and for activities that were not ordered.

  URL Decision Decision full text
EN N/A
IT http://www.agcm.it/agcm_ita/DSAP/Dsap_pi.nsf/a0d111d6626f957fc125652a00315873/5048187de321b451c125766a00358942?OpenDocument&Highlight=2,PS183

Result

The Italian Competition Authority decided to fine Sagittario Distribuzioni S.r.l.for an amount equal to 200.000 EUR.

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