Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: link
    • Lidstaat: België
    • Gangbare benaming:link
    • Soort beslissing: Rechterlijke beslissing, eerste aanleg
    • Datum beslissing: 10/06/2014
    • Gerecht: Vredegerecht Arendonk
    • Onderwerp:
    • Eiser: Unknown
    • Verweerder: Unknown
    • Trefwoorden: general discussion, misleading actions, nullity, price, scope of the Directive
  • Richtlijnartikelen
    Price Indication Directive, Article 2, (a)
  • Koptekst
    A written price indication, not making notice of the periodicity and exigibility of the costs for different mandatory additional services next to the main product and its fixed price, is neither transparent nor clear.
  • Feiten
    Defendant and plaintiff concluded an agreement concerning the installation of an alarm system in the defendant's house for an amount of 3.316,25 euros. However, several additional costs, next to the main product and its fixed price, were due by the defendant such as for tele surveillance, transmission and other services.

    By registered letter the defendant wrote to the plaintiff that he was misled, in that there was no transparency on pricing nor any cooling-off period, and that he had decided not to go forward with the agreement. The plaintiff did not react to the cancellation letter.
  • Juridische kwestie
    Is a written price indication, not making notice of the periodicity and exigibility of the costs for different mandatory additional services next to the main product and its fixed price, transparent and clear?
  • Uitspraak

    The court considers that article 2(a) of Directive 98/6 stipulates that the indicated price should be the total price the consumer has to pay, including VAT, all other taxes and costs of all services that the consumer is obliged to pay in addition to the main service or product. The indication of the price needs to be transparent and clear.

    According to the court, this was not the case in the present circumstances, as only the price for the main product (the alarm system) was clearly visible whereas the price for the other ancillary but mandatory services was not or hardly visible to the consumer.

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat
    The plaintiff did not fulfil its duty under article 2(a) Directive 98/6.