For improper announcement about product discounts in VVTAT in 2023. imposed a fine on the company in October, and in January of this year the court of first instance rejected Kesko Senukų Digital’s complaint and ordered it to pay 2.2 thousand. euros.
The appellate court rejected the arguments of VVTAT and the Administrative Court of Regions and announced that the company legally applied a special price to participants of the discount program.
In addition, it was established that buyers are provided with sufficient information about the goods and their properties, therefore claims to additionally translate it into Lithuanian were rejected.
The court also confirmed the arguments of VVTAT that the company’s “double pricing” communication in electronic commerce should be evaluated as a notice of price reduction. Such assessment is adapted to the practice where Smart Net members are offered a lower price compared to the normal price applied to all other customers.
“The interpretation of the court shows that the practice of “Senukai”, in order to present the best possible price offer to the consumer, cannot be treated as violating the requirements of legal acts”, comments Indrė Barauskienė, a partner of the TEGOS law firm representing “Kesko Senukai Digital”.
According to the lawyer, the court’s confirmation that providing part of the information about the product in a non-state language is not a violation is important.
The service will have to compensate the company with 3.7 thousand. EUR litigation costs.
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