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Case detail



Directive article National ID ref. code: P/0153/07/11
Country Slovakia Decision date 09/08/2011
Common name Decision type Administrative decision, first degree
Court Slovenská obchodná inšpekcia, Prešov Plaintiff(s)
Court translation Slovak Trade Inspection, Prešov Defendant(s) NBI GROUP, s.r.o.
Subject professional diligence
Keywords attributes of the traderidentity of the tradernature of the tradertrader

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Headnote

The use on documentation of a trader of a stamp, on which the identification data of another trader are incorporated, constitutes an unfair commercial practice.

Facts

The defendant, a provider of solar panels, issued documents on which a stamp of another legal entity was added. As a result, it was not clear for a consumer which was the identity of the trader.
Several consumers subsequently filed a complaint with the Slovak Trade Inspection.
 

Legal issue

Does the use on documentation of a trader of a stamp, on which the identification data of another trader are incorporated, constitute an unfair commercial practice?

Decision

The administrative body held that the use on documentation of a trader of a stamp, on which the identification data of another trader are incorporated, is contrary to the requirements of professional diligence. The body further held that such practice is likely to distort the economic behaviour of the average consumer in relation to the product or service offered.
Further, it was held that such action may lead to confusion of the consumers to take an informed transactional decision.
The administrative body thus ordered the defendant to cease from exercising said unfair commercial practice.

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Result

The administrative body imposed a fine of 500 Eur on the defendant.

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