Oikeuskäytäntö

  • Tapaustiedot
    • Kansallinen tunniste: Dnro 177/02/M2
    • Jäsenvaltio: Suomi
    • Lyhytnimi:The Consumer Ombudsman v. Lippupalvelu Oy
    • Päätöksen tyyppi: Muu
    • Päätöksen päivämäärä: 29/08/2003
    • Tuomioistuin: Markkinaoikeus
    • Aihe:
    • Kantaja:
    • Vastaaja:
    • Avainsanat:
  • Direktiivin artiklat
    Price Indication Directive, Article 1 Price Indication Directive, Article 2
  • Ylähuomautus
    The Market Court held that a trader that acts as a mere intermediary of consumer goods must comply with Price Degree and Directive 98/6/EC. The question of the scope of the Consumer Protection Act.
  • Taustatiedot
    Lippupalvelu Oy (the Company) is a company whose main business is intermediation and sale of ticket to various events organized by other companies. The Company advertised tickets to consumers to different happenings. The advertisements did not contain the prices of tickets. The Consumer Ombudsman (the CO) had contacted the Company numerous times and advised to comply with the Price Degree.

    The Company held that it was not a right defendant in the case. The company sells only tickets, but the organizers of the events conduct the marketing independently for their own account. Therefore the Company did not engage in marketing in any way. It did not order marketing or pay for it. The organizers of events indicate in their marketing material, that tickets are sold by the Company.

    The CO referred to the Consumer Protection Act (the CPA) 1:1, according to which the law is also applied to in case the trader acts as an intermediary. The scope is relevant when it is estimated marketing and contract terms. The CO referred also to the preparatory works of the CPA according to which the trader is always responsible for the consumer even if it acts as a mere intermediary. Having established the fact that the CPA was applicable the CO indicated that the marketing violated Sections 2, 4 and 5 of the Price Degree. The CO also indicated the Directive 98/6/EC as a source and considered the purpose of the Directive and its substantial provisions applicable to the case.
  • Oikeudellinen kysymys
  • Ratkaisu

    The Market Court held that even though the Company acted as an intermediary it was deemed a seller of the tickets. Therefore the Company was responsible along with organizers of the events of the price indications. The Company did not present facts that it had sufficiently advised the organizers of events concerning the indication of prices. Furthermore the Company did not provide any other data that it had reasonably checked the correctness of marketing provided by other traders.

    The Market Court held, that when the prices were not indicated in the advertisements they were contrary to the Price Degree. When the Company allowed the marketing that did not contain prices that were indicated in a clear manner the marketing was deemed unfair pursuant to CPA 2:1.

    The Court also considered the fact that the Company’s telephone number was premium rate number. The price of the call was presented in such a small font that it was impossible to read it. The Court held that such price indication means de facto lack of price and therefore the marketing was contrary to the Price Degree. When the Company allowed marketing in a way that the price of the telephone number was not easily and clearly perceivable the company acted in an unfair manner from the point of view consumers.

    The Court prohibited above mentioned marketing practices and imposed a conditional fine for EUR 60.000.

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