The Municipal Court in Prague rejected the lawsuit of the online store Alza.cz, which challenged the imposition of a fine of half a million crowns by the Czech Trade Inspection Authority.
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The decision was published on the Judicial Information Board and has today’s date.
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The e-shop was fined for selling a computer mouse to an inspector at a dispensing point in Prague 7 on 26 December 2018 during a random inspection.
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At the same time, the same court resolved a similar dispute between Alza.cz and the CTIA for sales on the holidays of 2017, when the online store defended itself against a fine of 230 thousand crowns.
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According to the court decision, Alza.cz defends itself against the trade inspection with two arguments.
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First of all, that the inspector purchased the goods on the Internet and only picked them up at the dispensary, and that it is not so clear that the dispensary in Prague 7 has a retail area of more than 200 square meters. The CTIA estimated the area at almost 2,200 square meters.
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“In the Act on Sales Time, the term sales area is not specified in any way, and this Act does not even refer to any other legal regulation that would specify it,” Alza.cz protests according to the court decision.
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However, the court, led by President Štěpán Výborný, contradicted these arguments. “The sale does not end at the moment of acceptance of the offer, because if the customer wants to get the goods, pay the purchase price and take over the goods, and the seller must allow the customer to acquire ownership and release the goods,” the court said.
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Employees should be at home on holidays
The Czech Trade Inspection Authority welcomed the verdict.
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“We are glad that another court ruled in our favor. The Act on the Prohibition of Sales on Holidays also affects the dispensing premises and it does not matter if only a certain part of the sale takes place there, “said Jiří Fröhlich, a spokesman for the CTIA.
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Alza.cz PR specialist Kateřina Daňková then stated for Seznam Zprávy that they will decide on the further procedure in the given matter only after a thorough study of the decision. “Nevertheless, we always use all legal means to protect the company provided by the legal system,” adds Kateřina Daňková.
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Alza.cz can thus defend itself against a court decision with a cassation complaint to the Supreme Administrative Court.
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