The Competition and Consumer Protection Service (the "Service") conducted an investigation on its own initiative in relation to the correct application of Directive 2005/29/EC (implemented into national law by the Unfair Commercial Practices of Businesses to Consumers Law 103(I)/2007) by the supermarket of the defendant. The purpose of the investigation was to determine whether the commercial practice which the defendant followed in order to promote products on sale was in accordance with the above law. The investigation revealed that some products carried a marking that they were being sold at a specific amount below their original price, whilst the price shown on the supermarket's shelf for these products was the final price (and not the original price), which the consumer would have to pay at the till, without that being made clear.
For example, a product carried a marking that it was being sold for €1.00 cheaper than its original price, and the price shown on the shelf was €3.53. The final price at the till was €3.53. This gave or was possible to give to the consumer the impression that he or she would pay €2.53 at the till as the final price of the product, whilst in reality the final price at the till was €3.53. This was the case for a number of products on sale. This gave the consumer the impression that he or she would pay at the till, as the final price of the product, the price shown on the supermarket's shelf minus the marked reduction on the product's packaging.
The Officers of the Service notified the manager of the defendant, who replied that he will rectify these potential violations as soon as possible. The defendant also replied that the markings on products' packaging are not placed or control by them, but by manufacturers, and that they had rectified all the reported violations, by creating a new label which indicates both the original price and the final price of a product on sale.