Case law

  • Case Details
    • National ID: 142028810
    • Member State: Latvia
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 18/03/2013
    • Court: Regional Court of Administrative Cases
    • Subject:
    • Plaintiff: SIA “MARY”
    • Defendant: Consumer Rights Protection Centre
    • Keywords: selling price, unit price
  • Directive Articles
    Price Indication Directive, Article 2, (a) Price Indication Directive, Article 2, (b)
  • Headnote
    (1) If a price-list showing prices for alcoholic beverages does not indicate whether the displayed price is a unit price or selling price the requirement to show the correct price for a product is breached.
    (2) If a price-list showing prices for alcoholic beverages does not indicate the correct volumes for which the respective price is charged, then the requirement to show the correct price for a product is breached.
  • Facts
    The price-list in the bar belonging to the plaintiff showed how much a customer had to pay for certain alcoholic beverages. However, the price-list either did not indicate whether the applicable price was selling price or unit price or, if a unit price was displayed, it did not indicate the correct volume for which the specified price was charged.
    Due to this the defendant levied a fine on the plaintiff, which the plaintiff appealed in court. The plaintiff acknowledged that it had infringed the requirement to correctly indicate the price of a product but appealed the decision on formal grounds unrelated to the issue of incorrect price indication.
  • Legal issue
    (1) The court analyzed if the plaintiff had indicated the price according to the applicable law. It found that the plaintiff had infringed the law by not indicating whether some prices were unit or selling prices.
    (2) The court held that the plaintiff had breached the law by not correctly indicating the corresponding volume for some unit prices. It stated that the requirement to indicate unit price is to be understood as a requirement to indicate the correct volume for which the specific price is charged, otherwise this requirement would be rendered pointless and the goal to thoroughly inform the consumers would not be achieved.
  • Decision

    (1) Is the requirement to show the correct price for a product breached, if a price-list showing prices for alcoholic beverages does not indicate whether the displayed price is a unit price or selling price?
    (2) Is the requirement to show the correct price for a product breached, if a price-list showing prices for alcoholic beverages does not indicate the correct volumes for which the respective price is charged?

    URL: https://manas.tiesas.lv/eTiesasMvc/nolemumi/pdf/127251.pdf

    Full text: Full text

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  • Result
    Although the plaintiff had breached the requirement to indicate the correct price, the court revoked the defendant’s decision based on formal grounds.