Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: UM0012091
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba, prva stopnja
    • Datum odločbe: 15/10/2014
    • Sodišče: Upravno sodišče
    • Zadeva:
    • Tožnik: Unknown
    • Toženec: The Market Inspectorate of the Republic of Slovenia
    • Ključne besede: aggressive commercial practices, consumer, service, unsolicited goods
  • Členi direktive
    Unfair Commercial Practices Directive, Annex I, 29.
  • Uvodna opomba
    (1) Demanding immediate or deferred payment for, or the return of or safekeeping of products supplied by the trader, but not solicited by the consumer, constitutes an aggressive commercial practice which is in all circumstances considered unfair.
    (2) Charging the costs of inspection of the auxiliary devices, even though this service was already included in the regular annual inspection of boilers and chimneys, constitutes an aggressive commercial practice.
  • Dejstva
    With the challenged decision, the Market Inspectorate prohibited additional charging of services for inspection of auxiliary devices provided together with the annual inspection and cleaning of chimneys already charged to the consumers. The prices of chimney sweep services are set out in the decision on the price list of chimney sweeping services. This decision states that the regular annual inspection also includes the inspection of auxiliary devices, therefore the additionally charged costs for inspection of auxiliary devices were a service provided without being especially solicited by the consumer.
  • Pravna zadeva
    (1) Does demanding immediate or deferred payment for, or the return of or safekeeping of products supplied by the trader, but not solicited by the consumer, constitute an aggressive commercial practice?
    (2) Is the charge of additional services which were not solicited by the consumer considered an aggressive commercial practice?
  • Odločba

    The court found that there is no basis to charge the inspection of auxiliary devices additionally, as all of the chimney sweeping services were already covered by the price for a complete service and are to be considered part of an all-inclusive price. Therefore, the court upheld the Market Inspectorate's decision and decided that the actions of the plaintiff constituted an aggressive commercial practice.

    URL: http://www.sodnapraksa.si/?q=id:2012032113075071&database%5bSOVS%5d=SOVS&database%5bIESP%5d=IESP&database%5bVDSS%5d=VDSS&database%5bUPRS%5d=UPRS&_submit=išči&page=0&id=2012032113075071

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek
    The plaintiff's request was denied.