Deals & Cases
WAHL advised Kvantum-tim d.o.o. on its acquisition by Biochem Polska.
WAHL advised Kvantum-tim d.o.o. on its acquisition by Biochem Polska.
Let's imagine the following situation: you are a successful trader in the grocery retail sector and you opened at least a dozen retail stores of all formats all across Croatia. In fact, during the pandemic, you recognized the long-term potential of online retail and invested significant resources in modernizing your delivery service. As a result, many consumers started to use your "online" channels. To you, consumers always come first, and you foster a transparency policy towards consumers. However, recently you noticed increasing consumer criticism stating that products advertised in the "online" channel are not available in stores at all, internet portals point to failures in informing about the conditions of free shipping, and recently, an inspection of one of your retail stores in Zagreb found that you imposed unfair commercial practices on consumers which related to how the price of one product was calculated. You are aware that you need to analyze this problem in detail and, as a first step, you decide to get better informed about what is unfair commercial practice and what are your obligations under the Consumer Protection Act.
While the previous issue on the topic of the new Consumer Protection Act (Legal Alerts No. 3) analyzed the new rules for retail price indication, this issue continues with topics that mainly relate to interaction with consumers. It is important to note that the trader's relationship with the consumer does not necessarily end with the purchase or delivery of the product/service. The wide spectrum of consumer rights includes, among others, the right to file a complaint and demand its adequate resolution. In addition, traders are also required to publish consumer reviews transparently (without misleading the consumers). In this light, below you can find several guidelines for easier implementation and business development.
The new Investment Promotion Act entered into force on 4 June 2022, except for certain provisions which will take effect on the date of the introduction of the euro as the official currency in the Republic of Croatia. The main purpose of the adoption of the new Act is to harmonize with a new regional support map of the Republic of Croatia, which determines the maximum support intensity, and to further align the Croatian legal system with the Acquis Communautaire. The new Act intended to regulate the allocation of regional state support for the purpose of promoting both economic growth and the realization of the economic policy of the Republic of Croatia, thereby reinforcing the investment and competitive ability of Croatian entrepreneurship.
On May 28th, 2022 a new Consumer Protection Act entered into force, implementing the Directive (EU) 2019/2161 in the Croatian legal system, that is, one of the latest regulatory mechanisms at the EU level which aims to improve enforcement and modernization of consumer protection rules. The new Act continues to protect consumers from unfair and misleading practices and traders' omissions, but at the same time introduces several changes for traders. The most significant changes are contained in the provisions on the price display of goods and services, while other changes concentrate on the behavior of traders towards consumers and the protection of consumers from misleading information about goods and/or services offered by the trader. To help you in the process of harmonization with the new regulations, through a series of three publications, we will present to you an overview of the most important news.