Article 6 1. (b)
Article 7 4. (c)
|National ID||Decision no. RWA-25/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura w Warszawie||Plaintiff(s)||Prezes Urzędu Ochrony Konkurencji i Konsumentów|
|Court translation||The President of the Office of Competition and Consumer Protection, Delegature in Warsaw||Defendant(s)||Eko-Park S.A. with its registered office in Warsaw|
|Keywords||limited availability, misleading advertising, misleading price, price information|
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(1) Advertisements in which prices are indicated towards consumers infringe the prohibition on misleading commercial practices when the indicated prices are exclusive of VAT.
The defendant is a joint-stock company that provides services including building and selling apartments.
In a complaint addressed to the President, the consumers indicated that the defendant advertised apartments using phrases as “It’s cheaper than you might think. Prices starting from 9000 PLN for square meter” (“Jest taniej niż sądzisz. Ceny od 9000 zł/m2”). However, it turned out that there were no apartments available for the price as indicated in the advertisement. Moreover, the price indicated in the advertisement did not include VAT.
(1) Does the indication in a consumer advertisement of prices excluding VAT constitute a misleading commercial practice?
(1) The President pointed out that it is the obligation of the trader, based on the provisions of law, to indicate the gross price to consumers, i.e. the price including all taxes (and VAT). Such obligation applies to all communications from the trader to the consumers.
|URL Decision||Decision full text|
The defendant breached the prohibition on misleading commercial practices.
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