Case law

  • Case Details
    • National ID: JTRP00032435
    • Member State: Portugal
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 20/06/2001
    • Court: Court of Appeal of Porto
    • Subject:
    • Plaintiff: PUBLIC PROSECUTOR
    • Defendant: F. & C. LDA.
    • Keywords: price, price indication
  • Directive Articles
    Price Indication Directive, link Price Indication Directive, Article 4
  • Headnote
    The fact that the price tags of products displayed in shop windows are facing down shall not be regarded as a non-visible indication of selling prices and, therefore, as an infringement of article 4 Directive 98/6/EC (implemented into Portuguese law by article 5 Decree-Law No. 138/90 of 26 April) and article 8 Decree-Law No. 138/90 of 26 April, when such fact was due to an oversight.
  • Facts
    The defendant displayed products for sale in the shop window of his retail store. Despite the fact the products were duly tagged, the tags were facing down, which could be regarded as a non-visible indication of selling prices and, therefore, as an infringement of Article 8 Decree-Law No. 138/90 of 26 April. The defendant claimed that such fact was due to an oversight.
  • Legal issue
    The court considered that the fact that the price tags of products displayed in shop windows were facing down should not be regarded as a non-visible indication of selling prices and, therefore, as an infringement of article 4 Directive 98/6/EC (implemented into Portuguese law by article 5 Decree-Law No. 138/90 of 26 April), and article 8 Decree-Law No. 138/90 of 26 April, when such fact was due to an oversight.
  • Decision

    Shall the fact that the price tags of products displayed in shop windows are facing down be regarded as a non-visible indication of selling prices and, therefore, as an infringement of article 4 Directive 98/6/EC (implemented into Portuguese law by article 5 Decree-Law No. 138/90 of 26 April), and article 8 Decree-Law No. 138/90 of 26 April?

    URL: http://www.dgsi.pt/jtrp.nsf/c3fb530030ea1c61802568d9005cd5bb/77a6784fb57f47a980256ad80032641d?OpenDocument

    Full text: Full text

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  • Result
    The court accepted the appeal.