Consumers, greater protection against incorrect practices and unfair behaviour

The Council of Ministers yesterday approved the Legislative Decree implementing EU Directive 2019/2161, the so-called “Omnibus Directive” on the new regulatory provisions to strengthen the consumer protection in the case of vexatious clauses, unfair commercial practices, unfair competition or untruthful commercial communications, and review the system of sanctions in order to ensure maximum harmonization at European level in consumer protection, also adapting the regulatory provisions to the evolutions above all of business models and online transactions.

“The implementation of this European directive guarantees greater protection for consumers and uniformity of sanctions within the EU. Furthermore, thanks to its transposition we were able to close an infringement procedure” – he comments bear.

The main innovations introduced concern:

• the transparency information to consumers: in particular, the lowest price charged by the professional in the previous 30 days must also be indicated in announcements of price reductions for a product
• the unfair business practices with the introduction of a new typology that can be qualified as a deceptive practice in the case of promotion of a good, in one Member State, as identical to a good marketed in other Member States, although significantly different in composition or characteristics (so-called dual quality);
• il sanctioning regime it will be modified with the increase from 5 to 10 million euros of the maximum statutory sanctions imposed by the Competition and Market Authority (AGCM) in the event of unfair commercial practice; the maximum EU sanction that can be applied will be equal to 4% of the turnover achieved in Italy or in the Member States involved for cross-border or nationwide violations; the increase to 10 million euro of the fine by the AGCM for non-compliance with the emergency measures and those injunctions or removal of the effects and commitments undertaken.

Sanctions harmonized at European level are also introduced in the event that a professional uses clauses defined as vexatious. Furthermore, the injured consumers will also be able to appeal to the ordinary judge in order to obtain proportionate and effective remedies, including the compensation of the damage suffered and finally greater protections are introduced for sales on the occasion of unsolicited visits or organized excursions with the increase of the right of withdrawal from fourteen to thirty days.