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Case detail



Directive article National ID ref. code: SK/0292/99/2011
Country Slovakia Decision date 14/11/2011
Common name Decision type Administrative decision in appeal
Court Slovenská obchodná inšpekcia, Bratislava Plaintiff(s)
Court translation Slovak Trade Inspection, Bratislava Defendant(s) ASKO – NÁBYTOK, spol. s r.o.
Subject delivery
Keywords ability to supplymisleading statementsproduct characteristics

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Headnote

The mentioning of delivery dates of goods in a consumer contract, whilst these delivery dates are not met by the trader, constitutes a misleading commercial practice.

Facts

The defendant, a retailer, concluded purchase agreements with the consumer. The purchase agreements stipulated specified and agreed delivery periods. However, the delivery periods were not met in any of the cases.
As a result, the consumer stated that the purchase agreements contained false information in relation to the delivery periods and the main characteristics of the goods, such as the availability or delivery dates.
 

Legal issue

Does the mentioning of delivery dates of goods in a consumer contract, whereas these delivery dates are not met by the trader, constitute a misleading commercial practice?

Decision

In a short legal reasoning, the Slovak Trade Inspection first pointed out the the delivery dates of the goods were not met by the defendant, although they were validly agreed in the purachse agreement. As a result, the administrative body held, the information in relation to the delivery dates of the goods provided by the purchaser in the purchase agreements was de facto untrue and therefore such information must be considered as misleading information.

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Result

cThe administrative body imposed a fine of € 700 upon the defendant.

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