S.L. 378.9 · Consumer Affairs Act (Price Indication) (S.L. 378.9)
S.L. 378.9 ст. 9Offences.
(1) Any person who contravenes or fails to comply with any of the provisions of any of these regulations shall be guilty of an offence.
(2) Proceedings in respect of an offence against these regulations shall be commenced within one year from the commission of the offence.
(3) Any person who contravenes any of these regulations shall, on conviction, be liable:
(a) in the case of a first conviction, to a fine of not less than one hundred and fifty euro (€150) and not exceeding one thousand and five hundred euro (€1,500);
(b) in the case of a second or subsequent conviction, to a fine of not less than two hundred euro (€200) and not exceeding two thousand euro (€2,000): Provided that the Court, when imposing a fine, shall take into account the following non-exhaustive and indicative criteria:
(i) the nature, gravity, scale and duration of the infringement;
(ii) any action taken by the trader to mitigate or remedy the damage suffered by consumers;
(iii) any previous infringements by the trader;
(iv) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available;
(v) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by the Consumer Protection Co-operation Regulation as defined in article 2 of the Act;
(vi) any other aggravating or mitigating factors applicable to the circumstances of the case: Provided further that with regard to any convictions, the Court shall order the publication in one or more daily newspapers of the judgement, or a statement or summary thereof, passed on the offender:
Provided further that with regard to any convictions, the Director General shall also publish on the website of the Authority the judgement delivered by the Court, or a statement or summary thereof, passed on the offender.
История изменений
- Amended by XIII.2022.14