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Case detail



Directive article National ID ref. code: P/0246/03/2011
Country Slovakia Decision date 18/11/2011
Common name Decision type Administrative decision, first degree
Court Slovenská obchodná inšpekcia, Prievidza Plaintiff(s)
Court translation Slovak Trade Inspection, Prievidza Defendant(s) JIMI Textil, s.r.o.
Subject terms & conditions
Keywords administrative authorityfalse informationinternetmisleading statementsproduct characteristicstransactional decision

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Headnote

(1) The omission to mention the name and seat of a competent supervising entity on a trader's website, constitutes a misleading commercial practice.
(2) Giving false information on the main characterises of goods constitutes a misleading commercial practice.
 

Facts

The Slovak Trade Inspection established that the information on the name and seat of the competent authority for control on the defendant, a textile industry company, was missing on the website of the defendant.
In addition, it was proven that the purchase terms and conditions contained false information on the main characteristics of the goods sold.
 

Legal issue

(1) Does the omission to mention the name and seat of a competent supervising entity on a trader's website, constitute a misleading commercial practice?

(2) Does giving false information on the main characterises of goods constitute a misleading commercial practice?

Decision

(1) The administrative body decided that the consumer must be informed on the identity and details of the authority competent to supervise a trader. As a result, absence of such information may be misleading for a consumer, the Slovak Trade Inspection held. The defendant was subsequently held to have breached the rules on unfair commercial practices.

(2) The administrative body further decided, in application of the rules of the UCP Directive, that providing false information which is essential information for a consumer to be able to take an informed transactional decision, constitutes an unfair commercial practice.

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Result

The administrative body imposed a fine in the amount of 400 Eur upon the defendant. 

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