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Can the suspension of complementary measures be ordered in the field of consumer protection?

September 2023

In recent years practice, as a result of the inspections carried out in the field of consumer protection, more and more often the ascertaining agents order the sanctioning of economic operators both by applying main sanctions and by imposing complementary measures.

The legality and validity of such sanctioning minutes may be challenged by the economic operators by filing a complaint before the competent court, within 15 days from the date of delivery or communication of the sanctioning act.

Considering the increasing volume of situations in which the economic operators are charged with the immediate execution of complementary measures, Irina Valeanu, Senior Associate and Iunia Radu, Associate, prepared a detailed overview that examines the extent to which the suspension of enforcement of such measures can be obtained in the field of consumer protection.

Based on such analysis, according to the case-law, we conclude that, at least for the time being, the only way to obtain the suspension of the execution of the complementary measures ordered by the minutes of finding and sanctioning contraventions, considered admissible in practice, seems to be the preliminary injunction.

However, considering the majority of unfavourable solutions, the mechanism identified proved to be illusory rather than practical. It remains to be seen, however, whether the balance will be reversed in favour of the economic operators or whether the courts will maintain the case-law already crystallised, with the consequence of depriving economic operators of an effective remedy against these measures.

… thus, the answer to the question which addresses the theme of this article is… maybe.

The article in full is available in Romanian, on the juridice.ro platform, HERE

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