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Product responsibility

04/17/2019 - 11:00 AM

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Non compliance

The following are the overall number of non-conformities with legislation and voluntary codes regarding marketing communications in Italy.
 
Type of non-conformity 2018 2017 2016

Number of non-conformities with legislation

resulting in a fine or penalty

0 0 0

Number of non-conformities with legislation

resulting in a warning

1 0 0

Number of non-conformities with voluntary

codes (*)

2 1 4

(*) The cases are regulated by the Institute of Advertising Self-Regulation, which operates in compliance with the code of commercial communication and is competent in defining all disputes relating to advertising involving the associated subjects, directly or indirectly. The decisions of the Board never result in pecuniary sanctions but, where appropriate, in a termination order for the disputed press release.

 

The table shows the number and value total cash in fines for non-compliance with laws and regulations concerning the supply and the use of products and services in Italy.
Description 2018 (*) 2017 (**) 2016 (***)

Number of fines for non-conformities regarding

the supply and use of products and services

3 3 1
Total monetary value of these fines (in euros) 6,600,000 2,350,000 410,000

(*) In 2018 AGCM closed three proceedings, two initiated in 2017 and one in 2018. Of the proceedings initiated in 2017, one ended with a fine of 4.8 ml (misleading advertising messages for the TIM Smart Fibra offer) and one was archived. The third proceeding started in 2018 ended with afine of 1.8 ml (unfair commercial practices in recovery actions).

(**) In 2017 AGCM opened five proceedings against TIM, one of which closed with undertakings (accepted by AGCM on a proposal from TIM), two with fine (one of 300,000 euros for non-compliance with Judgement 10246 and the other of 50,000 euros for non-compliance on oppressive clauses) and two to close in 2018 (one for misleading advertising of the TIM Smart Fibra offer and the other for breach of domicile provision for dispatching invoice by e-mail). In July 2017 the procedure on the right to rethink, initiated in 2016, ended with fine of 2,000,000 Euros.

(***) In 2016 AGCM opened four proceedings against TIM, two of which archived after appeal (one on the TIM Prime offer and one on internet sales), one ended with a fine of 410,000 euros (distance contracts) and one ended in 2017.