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Consumer Law

Dispute Resolution

The Slovenian Market Inspectorate (hereinafter referred to as: the »TIRS«) has recently issued a <a href="https://www.gov.si/novice/2024-05-16-pozor-ne-placujte-dostavljenih-nenarocenih-paketov/">notice</a> warning Slovenian consumers about an unusual increase of unsolicited offers of goods which consumers are receiving without prior consent or order.There is a growing trend of Slovenian as well as foreign companies sending offers of goods to Slovenian consumers without them having ordered or consented to such offers.In this respect, it is therefore crucial that Slovenian consumers are aware of their rights under <a href="https://www.krizanecpartners.com/en/cat/consumer-law">consumer law</a> and make informed choices both when shopping online and when picking up packages.<h2>Unsolicited offers of goods</h2>Such offers, which call for immediate or deferred payment, constitute a breach of Article 35 of the Consumer Protection Act. This Article provides that unsolicited offers of goods, services or digital content which call on the consumer to pay immediately or defer payment are not permitted. The consumer is therefore under no obligation to pay in the event of an unsolicited offer of goods, services or digital content. If the consumer does not reply to such an offer, he shall be deemed not to have accepted the offer.<h2>Slovenian consumers&#039; rights</h2>It is important to note that in the case of such deliveries, there is no obligation for the Slovenian consumer to pay. Furthermore, it is important to know that if the sender of the unsolicited goods is based in Slovenia, the Slovenian consumer can also contact TIRS directly.If the seller is based in another EU Member State, the consumer can contact the <a href="https://www.epc.si/en">European Consumer Centre</a> for assistance. Also, in the case of a large number of victims by a known consignor from the European Union, TIRS may cooperate with the competent authorities abroad to ensure that consumer rights are respected.<h2>Penalties for offenders</h2>TIRS may impose a fine of between EUR 5,000 and EUR 50,000 on a company offering unsolicited goods to consumers with immediate or deferred payment, but it should be added that the TIRS cannot also impose on such a company the reimbursement of the purchase price already paid by the Slovenian consumer.<h2>Advice and legal assistance</h2><a href="https://www.krizanecpartners.com/en">Law firm Križanec &amp; Partners</a> in Ljubljana, has extensive experience in consumer law. For more detailed information and advice in the field of consumer law, please contact our consumer law experts, Attorney at law <a href="https://www.krizanecpartners.com/en/experts/dinar-rahmatullin">Dinar Rahmatullin</a> and legal intern <a href="https://www.krizanecpartners.com/en/experts/karin-ravnak">Karin Ravnak</a>. We will be happy to answer your questions professionally and help you enforce your rights.

The Slovenian Market Inspectorate has issued a notice warning Slovenian consumers about an unusual increase in unsolicited offers of goods that Slovenian consumers are receiving without their prior consent or order.

Market Inspectorate of the Republic of Slovenia on the increase of unsolicited deliveries

Aviation

The Court of Justice of the European Union (hereinafter: “CJEU”) has ruled in cases C-474/22 and C-54/23 (hereinafter: the “judgments”) that passengers do not have the right to compensation in cases where they do not check in for a flight with significant delay, or if purchasing a ticket for an alternative flight enables them to arrive at the final destination with less than three hours of delay.In the specific cases, there was a forecasted delay of more than three hours for two flights between Düsseldorf and Palma de Mallorca. Because the passengers were concerned that the delay of the flight for which they had a reservation would cause them to miss a business meeting, they decided not to go to the airport. The first passenger&#039;s flight then actually arrived with a delay of 3 hours and 32 minutes, while the second passenger independently booked an alternative flight, arriving at the final destination with less than three hours of delay compared to the original flight. Both passengers filed lawsuits against the airline before the German courts, claiming a compensation of EUR 250, as provided by Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (hereinafter referred to as the “Regulation”).The German Federal Court, within the framework of national proceedings, referred a request to the CJEU for a preliminary ruling, specifically addressing the question of whether an air passenger, if a flight is announced to be delayed by at least three hours compared to the originally scheduled arrival time, has the right to compensation if they do not check in for the flight or if they independently book an alternative flight, enabling them to arrive at the final destination with less than a three-hour delay.In its judgments, the CJEU clarified that the passengers in the specific cases do not have the right to compensation under the Regulation. The CJEU also pointed out the existing case law, which equates passengers with delays of three hours or more (referred to as significant delay) with passengers whose flights have been cancelled. The main connecting element between them is the fact that passengers of significantly delayed flights, like those of cancelled flights, suffer damage in the form of an irreversible loss of time equal to or in excess of three hours.Regarding the specific cases, the CJEU explained that the first passenger, who did not show up at the airport at all, likely did not suffer such a loss of time. This means that passengers with significantly delayed flights are not exempt from the obligation to check in for the flight, unlike passengers whose flights are cancelled, and for whom such exemption is expressly provided by the Regulation.Likewise, the CJEU considered that the second passenger, who voluntarily did not board the flight for which they had a confirmed reservation, and who arrived at the final destination with less than three hours of delay compared to the originally scheduled arrival time due to an alternative flight they booked on their own initiative, did not suffer a loss of time.

In its recent judgments, the Court of Justice of the European Union has ruled that passengers do not have a right to compensation in cases where they do not check in for a flight that has a long delay, or where the purchase of an alternative flight ticket allows them to arrive at their destination with a delay of less than three hours.

EU case law: Air passengers' right to compensation

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Karin advises in Employment Law, and Consumer Law, with a focus on the Retail and Healthcare and Pharmaceutical sectors.Karin is a post-graduate of University of Ljubljana, Faculty of Law.Karin is fluent in Slovene, English and German.

Employment Law

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Karin Ravnak