District Court convicts Dublin supermarket for failing to display prices
20 June 2008
Yesterday, 19 June, at Dublin District Court, Judge Timothy Lucey convicted Mark Power of Powers Londis Supermarket, Edenmore Shopping Centre, Dublin 5 of failing to display the price of a number of grocery products. The offences occurred on 3 December 2007. Mr. Power was convicted in respect of 8 counts and was fined €100 on each count. Costs of €500 were also awarded.
Welcoming the court's decision, the Chief Executive of the National Consumer Agency, Ms Ann Fitzgerald said: "I am pleased that the court convicted and fined Mr. Power. He could have avoided this sanction if he had paid the fixed payment penalty, which an officer of the Agency issued before Christmas."
The CEO explained that under the Consumer Protection Act 2007, the Agency may issue a fixed payment notice (on the spot fine) instead of prosecuting retailers for breaches of price display legislation. Failure to pay the fixed payment penalty within the 28 day statutory limit will result in the trader being prosecuted.
Since the enabling Statutory Instrument came into effect on 13 October last, the Agency has issued 16 fixed payment notices. Mr Power is the first retailer to be prosecuted for a breach of the European Communities (Requirements to Indicate Product Prices) Regulations 2002, subsequent to failure to pay a fixed payment penalty.
Ms Fitzgerald, CEO, indicated that she would prefer to see retailers display prices without the need for intervention by the Agency. "We have a number of initiatives in place to help and encourage traders to do this. This approach is working well. However, the NCA also carries out regular risk based compliance checks and if retailers are found not to be displaying their prices, further fixed payment penalties or prosecutions will follow."