Ítélkezési gyakorlat

  • Az ügy részletei
    • Nemzeti azonosító: Kúria Kfv.III.37.404/2015/4.
    • Tagállam: Magyarország
    • Közhasználatú név:N/A
    • Határozat típusa: Legfelsőbb bírósági határozat
    • A határozat napja: 16/06/2015
    • Bíróság: Kúria
    • Tárgy:
    • Felperes: Unknown
    • Alperes: Nemzeti Fogyasztóvédelmi Hatóság (National Consumer Protection Authority)
    • Kulcsszavak: inaccurate information, misleading commercial practices, misleading statements, professional diligence
  • Az irányelv cikkei
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d)
  • Megjegyzés
    (1) Providing incorrect information to a consumer is considered an unfair commercial practice by itself; there is no need to investigate the circumstances of such action.

    (2) An action of a trader which affects only a single consumer is considered as a "commercial practice" that is subject to the provisions of Directive 2005/29/EC (UCP Directive).
  • Tények
    The consumer participating in the civil procedure on the defendant's part was a subscriber to the cable television services provided by the plaintiff. The consumer intended to terminate the subscription to the services as of the last day covered by the last invoice paid to the plaintiff for the services in advance. For this reason, the consumer requested information from the plaintiff on the exact period to which the last invoice pertains. However, the plaintiff provided the consumer with incorrect information, and as a consequence, the consumer terminated the contract in a way that resulted in an additional payment obligation for him.

    The consumer filed a complaint with the competent local consumer protection authority, who declared that the plaintiff's conduct constituted an unfair commercial practice, and imposed a fine on the plaintiff. The plaintiff appealed the decision, but the defendant upheld it. The defendant stated that providing incorrect information to the consumer is by itself contrary to the requirements of professional diligence, and there is no need to investigate the circumstances of such action. The plaintiff then contested the decision of the defendant before court.

    The first instance court changed the decision of the defendant, stating that the circumstances of breaching the requirements of professional diligence must be investigated in such cases as well, and determined that in this case, no breach has been committed, as the plaintiff had not provided incorrect information intentionally. Furthermore, the first instance court stated that the above action of the plaintiff was a one-time action affecting a single consumer, thus such action may not be considered as a "commercial practice".

    The defendant demanded the Curia's revision of the first instance judgement, contesting the above findings of the first instance court. The Curia initiated a preliminary ruling procedure, resulting in decision no. C-388/13. of the European Court of Justice. The ECJ stated that providing incorrect information is considered a misleading commercial practice even in case such action affects only a single consumer. Furthermore, the ECJ stated that if a commercial practice meets all the criteria defined in Article 6(1) of Directive 2005/29/EC ("UCP Directive"), there is no need to investigate whether it breaches the requirements of professional diligence as referred to in Article 5(2) of the UCP Directive.

    For the reasons determined in the preliminary ruling of the ECJ, the Curia held that providing incorrect information to a consumer is by itself a misleading commercial practice, and that an action affecting a single consumer is still considered a "commercial practice" which is subject to the provisions of the UCP Directive.
  • Jogi kérdés
    (1) Is providing incorrect information to a consumer considered an unfair commercial practice by itself, or must the circumstances of such action be investigated?

    (2) May an action of a trader which affects only a single consumer be considered as a "commercial practice" that is subject to the provisions of Directive 2005/29/EC (UCP Directive)?
  • Határozat

    (1) Providing incorrect information to a consumer is considered an unfair (misleading) commercial practice by itself; there is no need to investigate the circumstances of such action, i.e. whether such action is contrary to the requirements of professional diligence.

    (2) An action of a trader which affects only a single consumer is considered as a "commercial practice" that is subject to the provisions of Directive 2005/29/EC (UCP Directive), because ruling otherwise would seriously impair the legal protection of consumers.

    Teljes szöveg: Teljes szöveg

  • Kapcsolódó ügyek

    Nincs találat

  • Jogi szakirodalom

    Nincs találat

  • Eredmény
    The Curia granted the claims of the defendant, and changed the judgement of the first instance court.