Did you know that economic activities will be subject to a new administrative and sanctioning framework on 28 July, 2021? And that the amounts of fines that may be imposed on offenders have been changed widely?
The new Legal Framework for Economic Offences, approved by Decree-Law no. 9/2021, of 29 January, aims to standardize and adapt the rules applicable to administrative offences and reduce the disparity and guarantee the proportionality of fines and applicable ancillary sanctions, which we explain below.
1. Economic offences
All illegal and objectionable facts practised by any natural or legal person in the access or exercise of economic activities in the food and non-food sectors are configured as economic offences.
This includes, for example, infractions arising from legal regimes applicable to:
- food labelling;
- wine products;
- plant protection products;
- games of chance and chance;
- crowdfunding;
- gyms, and health clubs;
- tourist developments and local accommodation;
- Waste Management.
The legal regime governing economic offences is excluded namely, environmental, financial, tax and customs offences, and the offences of communications, competition and social security.
2. Classification of economic offences and sanctions
Economic offences are classified as:
- light;
- serious; and,
- very serious.
The minimum and maximum limits of the respective fines vary, increasing, depending on the seriousness of the infractions and the offending company's size, when applicable.
For offending companies, fines can vary between EUR 250 and EUR 90,000. The fines to be imposed on natural persons vary between EUR 150 and EUR 7,500.
Attempt and negligence are punishable, but the fines are halved.
In the context of serious and very serious administrative offences, when, for example, damage to the health or safety of people or property is caused, the minimum and maximum limits on fines are doubled.
Fines can be accompanied by ancillary sanctions, such as, for example, the loss of assets in favour of the State, the prohibition of exercising economic activity, the closure of establishments, the suspension of licenses, permits and authorizations.
It should be noted that the legal regime also admits the simple warning for minor infractions, the warning in place of the imposition of the fine, the reduction of the fine by 20% in case of voluntary payment, the special mitigation of the fine, and the suspension in the execution of the sanctions applied accessories, for example.
3. Fines applicable from 28 July 2021 - some examples a) Complaints book
|
Offence |
Fine |
||||
|
Individual |
Micro company |
Small size company |
Medium size company |
Large Company |
|
|
Do not have a complaints book at the establishment and / or electronic |
650 EUR to 1,500 EUR |
1,700 EUR to 3,000 EUR |
4,000 EUR to 8,000 EUR |
8,000 EUR to 16,000 EUR |
12,000 EUR to 24,000 EUR |
|
Do not provide the consumer or user with the complaints book |
|||||
|
Do not keep organized file of complaint books |
150 EUR a 500 EUR |
250 EUR a 1,500 EUR |
600 EUR a 4,000 EUR |
1,250 EUR a 8,000 EUR |
1,500 EUR a 12,000 EUR |
b) Opening hours of commercial establishments
|
Offence |
Fine |
||||
|
Individual |
Micro company |
Small size company |
Medium size company |
Large Company |
|
|
Failure to display the opening hours map |
150 EUR to 500 EUR |
250 EUR to 1,500 EUR |
600 EUR to 4,000 EUR |
1,250 EUR to 8,000 EUR |
1,500 EUR to 12,000 EUR |
|
Operation of the establishment outside of the established hours |
|||||
c) Contracts concluded at a distance or outside the commercial establishment
|
Offence |
Fine |
||||
|
Individual |
Micro company |
Small size company |
Medium size company |
Large Company |
|
|
Non-performance of the contract due to unavailability, without refund |
2,000 EUR a 7,500 EUR |
3,000 EUR a 11,500 EUR |
8,000 EUR a 30,000 EUR |
16,000 EUR a 60,000 EUR |
24,000 EUR a 90,000 EUR |
|
Charging for supply of unsolicited goods |
|||||
|
Do not provide information pre-contractual |
650 EUR a 1,500 EUR |
1,700 EUR a 3,000 EUR |
4,000 EUR a 8,000 EUR |
8,000 EUR a 16,000 EUR |
12,000 EUR a 24,000 EUR |
|
Do not reimburse the consumer after termination of the contract |
|||||
|
Non-fulfillment of the order within a maximum period of 30 days |
150 EUR a 500 EUR |
250 EUR a 1,500 EUR |
600 EUR a 4,000 EUR |
1,250 EUR a 8,000 EUR |
1,500 EUR a 12,000 EUR |
d) Unfair commercial practices
|
Offence |
Fine |
||||
|
Individual |
Micro company |
Small size company |
Medium size company |
Large Company |
|
|
Unfair commercial practices |
650 EUR a 1,500 EUR |
1,700 EUR a 3,000 EUR |
4,000 EUR a 8,000 EUR |
8,000 EUR a 16,000 EUR |
12,000 EUR a 24,000 EUR |
|
Actions and misleading omissions |
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|
Aggressive business practices |
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Article written in accordance with the legislation in force on 19 March, 2021.