Case law

  • Case Details
    • National ID: к. н. а. х. д. № 927/2014
    • Member State: Bulgaria
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 30/01/2015
    • Court: Pleven Administrative Court
    • Subject:
    • Plaintiff: Bulgarian Telecommunication Company EAD
    • Defendant: Commission on the Consumers’ Protection (Rouse Regional Directorate)
    • Keywords: advertisement, labelling, mobile phone services, price indication, selling price, telephone
  • Directive Articles
    Price Indication Directive, Article 3, 1.
  • Headnote
    The telecom operators must indicate next to the mobile phone devices on sale not only the prices for each item which are valid in case the consumer signs a fixed term contract for mobile phone services but also the prices for each item which are valid without signing such contracts.
  • Facts
    At a shop operated by the plaintiff and located in the city of Pleven the officials of the Defendant established during an inspection, held on 14 March 2013, that the plaintiff indicated next to the mobile phone devices only the prices for each item which are valid in case the consumer signs a 1-year or 2-year contract for mobile phone services.
    Therefore, the defendant issued a penalty decree for imposition of financial sanction over the plaintiff in the amount of BGN 300.
    The plaintiff appealed the penalty decree before the Pleven Regional Court but said court confirmed the imposed financial sanction. Therefore, the plaintiff appealed the first instance court decision before the Pleven Administrative Court.
  • Legal issue
    The usual and most common form of consumer sale contract is the so called "free" sale without any conditions other than payment of the due price. The provision of Art. 3, paragraph 1 of Directive 98/6/EC (implemented into Bulgarian law by Article 20, Alinea 1 and 2 of the Consumers Protection Act) on consumer protection in the indication of the prices of products offered to consumers imposes obligation on sellers to affix prominently in proximity to the good its price under usual and direct sale unconditioned by contract or other conditions. Therefore, the court found that the indication just of the prices valid only in case of conclusion of a fixed term contract for mobile phone services does not satisfy the requirements of that provision. On the contrary – it does not provide sufficient clarity to the consumer and is likely to stimulate the same to contract with the seller, considering that it is not possible to only by the telephone without signing a fixed term contract for mobile phone services. The fact that the shop assistants at the plaintiff’s store had at their disposal a complete price list of goods and options for lease or direct sale, do not derogate the obligation of the plaintiff to set clear and unequivocal information on the selling price of the commodity in the vicinity of the mobile phones on sale.
  • Decision

    Are the telecom operators obliged to indicate next to the mobile phone devices on sale not only the prices for each item which are valid in case the consumer signs a fixed term contract for mobile phone services but also the prices for each item which are valid without signing such contracts?

    URL: http://www.ac-pleven.org/docs/cases/d2015/92710915.htm

    Full text: Full text

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  • Legal Literature
    Sorted by
    • Member State: Bulgaria
    • Title: Topic IX, Legal Obligations for Manufacturers, Contractors and Other Vendors in the Sale of Goods and Provision of Service to Customers, Consumer Law, p. 43-50
    • Author: SUKAREVA, Z.

    Bulgaria Topic IX, Legal Obligations for Manufacturers, Contractors and Other Vendors in the Sale of Goods and Provision of Service to Customers, Consumer Law, p. 43-50 SUKAREVA, Z.
  • Result
    The court rejected the plaintiff’s appeal and upheld the first instance court’s judgment.