Unfair trade practices are actions which infringe upon freedom of choice and self determination of the consumer. The proceedings, involving all concerned individuals, culminates in a measure that ensures and declares incorrectness of the trade practice, inhibits its continuation and removes its effects. The sanctions adopted by the Authority may be challenged before the administrative judge which can scrutinize the matters under investigation in full cognition and the assessment process used by the Authority to apply the rule to the specific case. When the Judge ascertains the legitimacy of the measure, the judge cannot go beyond, on pain of the illegitimate substitution of Administration, which is the only holder of the exercised power.
Limiti al sindacato del G.A. sulle valutazioni dell'AGCM in materia di pratiche commerciali scorrette
D'ARIENZO, Mariaconcetta
2010-01-01
Abstract
Unfair trade practices are actions which infringe upon freedom of choice and self determination of the consumer. The proceedings, involving all concerned individuals, culminates in a measure that ensures and declares incorrectness of the trade practice, inhibits its continuation and removes its effects. The sanctions adopted by the Authority may be challenged before the administrative judge which can scrutinize the matters under investigation in full cognition and the assessment process used by the Authority to apply the rule to the specific case. When the Judge ascertains the legitimacy of the measure, the judge cannot go beyond, on pain of the illegitimate substitution of Administration, which is the only holder of the exercised power.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
