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Last updated on 24 Apr, 2024

Judgements and Administrative Decisions

 

Administrative Decisions

Publication of Administrative Decisions in Terms of Article 110H (2) of the Consumer Affairs Act

15 April 2019 - Administrative Decision with regards to Vodafone Malta Ltd. - C10865

17 August 2018 - Administrative Decision with regard to Melita Ltd. – C12715 

29 October 2015 - GO plc agrees to remove additional charges in connection with different payment methods.

Following administrative proceedings instituted on the 31st August 2015 and subsequent talks and correspondence between the Office for Consumer Affairs (MCCAA) and GO plc, the latter willingly agreed to remove all the charges in relation to payment mechanisms. As from 1 December 2015, all GO customers will no longer pay any extra charges even if they opt not to pay their bills via direct debit. With regards to charges connected to printed bills, GO plc also agreed that as from 1 December 2015, it will provide clear and prominent information on such charges in all advertising media and commercial communications, with the exception of those aired on radio considering the limitations thereof.

Administrative Decision issued this 29th day of October 2015 by the Director General (Consumer Affairs) according to the Consumer Affairs Act (Chapter 378 of the Laws of Malta) with regard to GO Plc C22334

16 July 2015 - Administrative Decision with regard to Stoppa Telefonforsaljning Limited
11 October 2012 - Decisions taken regarding the use of the word 'unlimited' by the following operators:

  • Melita plc
  • Melita Mobile Ltd
  • GO plc
  • Mobisle Communications Ltd
  • Vodafone Malta Ltd

 

Judgements 

A case of Unfair Commercial Practices:  Misleading use of the term “Unlimited” by Melita confirmed by the Court of Appeal in the appeal in the names of “Melita Limited (C 12715) (ġà Melita p.l.c.) u Melita Mobile Limited; u b’dikriet tad-19 ta’ Novembru 2014 Melita Limited (ġà Melita p.l.c.) assumiet l-atti minflok Melita Mobile Limited v. Direttur Ġenerali (Affarijiet tal-Konsumatur); u b’dikriet tas-17 ta’ April 2013 l-Awtorità ta’ Malta dwar il-Komunikazzjoni tħalliet tintervjeni in statu et terminis. 

On the 10th November, 2022, the Court of Appeal has dismissed an appeal filed by Melita Limited (C 12715 formerly Melita p.l.c. that assumed the acts instead of Melita Mobile Limited) from the Competition and Consumer Appeals Tribunal of the 21st February, 2017, and has confirmed that the use of the term “unlimited” is misleading when made in conjunction with the application of a fair usage policy since the latter is an actual limit to services advertised as unlimited.

The full Court of Appeal decision may be viewed here. 

--- 

On the 24th April, 2024 the Court of Magistrates (Malta) in its Criminal Judicature imposed a fine (multa) of Euro 250 on Corner Foodstores Company Limited C30452 upon finding it guilty of having failed to comply with the provisions of the  Consumer Affairs Act (Price Indication) Regulations (Subsidiary Legislation 378.09), since at cash point it imposed higher prices than those indicated at shelf/sale point.

The full judgement may be viewed here.

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