Unfair Commercial Practices Directive, Annex I, 5.

Stock shortage of advertised discounted products does not constitute an unfair commercial practice in circumstances where a trader is able to supply the products from alternative sources and deliver them to customers within a reasonable time.

The defendant sold boilers at a discounted price. During its inspection of the defendant’s shop, the plaintiff found that no boilers were currently available in the store. However, additional quantities of boilers were in stock in the defendant’s warehouse in another city and could be delivered to the store within one day.

The plaintiff considered that the stock shortage of products sold at the discounted prices at the defendant’s store during the promotion, constituted an unfair trade practice. The reason for this was – in the plaintiff’s view – that the defendant marketed the product as part of a promotion without disclosing that the defendant might not be able to meet the demand.

 

The court found that, although the promotional product was not available in the store, the defendant did not engage in an unfair commercial practice because it could transport additional quantities from its warehouse in another city to its shop and deliver them to consumers within a reasonable time.

Does stock shortage of advertised discounted products, constitute an unfair commercial practice in circumstances where a trader is able to procure these products from alternative sources and deliver them to customers within a reasonable period of time?

URL: http://www.sac.government.bg/court22.nsf/d6397429a99ee2afc225661e00383a86/12bb190aee366cefc22578a4004c5a04?OpenDocument

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The court upheld the first instance court’s judgment that overturned the plaintiff’s ban.