La cadena de supermercados no cumplió con toda la información que requiere la norma en una promoción de productos. “Ha quedado suficientemente claro que se trata de una infracción formal que no requiere la existencia de perjuicio concreto alguno en terceros”, dijo la Cámara en lo Contencioso Administrativo Federal al confirmar la multa de 10 mil pesos.
Contencioso Administrativo Federal, in the case titled "Coto Centro Integral de Marketing SA c / DNCI - Disp 334/06, confirmed the fine of 10 thousand dollars to the Ministry of Internal Trade imposed in 2006 under the Coto supermarket for failing to properly inform the scope in a promotion for the purchase of meat, pasta and deli in violation of the Consumer Protection Act. "It has become abundantly clear that this is a formal violation that does not require the existence of any specific harm to third parties, suffices for the mere failure settings, so that grievances relating to this point are unfounded," said the judges.
Coto said it was of an inadvertent error and that no customers complained or filed complaints. He added that comply with the terms of publicity and asked to take into account the lack of history of the company.
advertising in bid debate is that "20% discount on bull meat, pasta and deli own calculations with all the means of payment" from 23/09/2005 to 24/09/2005 or while supplies last available, whichever is earlier. "
Interior Commerce Secretary Guillermo Moreno, imposed a mule than 10,000 pesos for violating Article 7 of Law 24,240 on Consumer and Article 7 of Decree 1798-1704 imposing an obligation to report the amount of products that have the promotion.
"An offer made to potential customers indeterminate forces who is issued during the time it is performed and shall contain the exact date of commencement and completion, as well as its terms, conditions or limitations," the law Consumer Protection in Chapter III of the conditions of supply and demand.
"If the role of advertising in question was to inform the public that bids to the massive power generating broadcast notice the means by which it was published, it was inferred that the summary was expecting a high level of abstraction of the public, so that the mention of the number of products offered was an essential element, so that the consumer does not see frustrated his intention to complete the sale by unavailability "abstracted maids arguments of the Secretariat.
arguments to the judges of the appeal of Coto "in any way manage to undermine the foundations taken into account by the administrative authority to decide as it did, merely to be a mere repetition of arguments made above, properly addressed, developed and discarded in the order attacked. "
"Coto Int'l Marketing Center SA c / DNCI - 334/06 Disp"
Source: DiarioJudicial.com.ar
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