Clipping of news on Brazilian Culture, Law and Citizenship
09/09/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Fiat indemnify consumers by misleading the Palio 2007
Decision favors only to the first purchaser of each vehicle and is effective only at the state , Rio Grande do Sul
The Third Chamber of the Superior Court of Justice ( STJ ) , by a majority , upheld the decision which condemned Fiat S / A to pay compensation for false advertising to purchasers of the first version of the Palio Fire 2007 model . The decision favors only the first purchaser of each vehicle and is effective only at the state , Rio Grande do Sul
The Public Ministry of Rio Grande do Sul proposed consumer class action against Fiat for abusive commercial practices and misleading advertising . According to the MP , the automaker could not , having already launched and marketed in May 2006 , the car Palio Fire 2007 model , going to produce and market , soon after , another car Palio Fire 2007 model , with many items modified both with the specification " 2006 , 2007 model ."
In the first instance , the MP 's request was denied , but , on appeal , the Court of Rio Grande do Sul ( TJRS ) ordered Fiat to compensate for moral damage all consumers who purchased the 2006 car , 2007 model , but that has ever been made this year .
In addition, the automaker TJRS condemned the obligation not to offer more cars manufactured in a model year with next year without hold , that next year, the model produced in the previous year , under a penalty of £ 10 000 for each vehicle offered in these conditions .
Defense Fiat
On appeal to the Supreme Court , Fiat Automobiles claimed illegitimacy of prosecutors to protect individual rights homogeneous and available without significant public interest involved in the case .
It further claimed the absence of abusive business practice , since the launch of different models of the same vehicle in the same year , although the model will not be made in a subsequent year , does not constitute misleading advertising .
Fiat argued that the modification of the model made after , does not reach those consumers who had purchased the vehicle before the redesign .
Expected consumption
In his opinion , the rapporteur , Sydney Beneti minister , said the MP is legitimized to promote civil action , not only in defense of collective or diffuse rights of consumers , but also their individual rights homogeneous . This understanding is already supported in the case law of the Supreme Court .
The liability of Fiat , the minister pointed out that although the manufacturer was not forbidden to anticipate the launch of a model months before the turn of the year - a practice widely used in the country - you can not admit that , after publicize and market the car Palio Fire 2006 , 2007 model year , the automaker simply launch another car with the same name , but with changing items .
" This leads us to conclude she had offered in 2006 a 2007 model that was not to be produced this year , hurting founded expectation of consumption of their purchasers ," said Beneti .
Source : Consumer -Br
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This article was translated by an automatic translation system, and was therefore not reviewed by people.