In Italy, Trenitalia is contesting a €5 million fine imposed on it by the Italian Competition Authority (AGCM) for unfair commercial practices.
The Italian rail transport management company offered travel solutions online that mainly involved the use of high-speed trains, without mentioning the possibility of using regional trains, which are much cheaper.
The Court of Justice of the European Union interprets the directive (2005/29) on unfair commercial practices, in particular with regard to conducting the infringement proceedings that led to the AGCM’s decision to impose a fine.
According to the Court, in proceedings for establishing an unfair commercial practice conducted by a national authority responsible for consumer protection, EU law precludes national legislation which (1) requires that authority to open the adversarial phase of the proceedings by notifying the undertaking concerned of its objections within 90 days from the time it becomes aware of the alleged infringement; and (2) penalises failure to observe that time limit by annulling the authority’s final decision.
See the judgment of the Court of Justice: https://aeur.eu/f/fal (Original version in French by Mathieu Bion)