Dispute for consumers’ rights protection

Vasil Kisil & Partners Law Firm successfully defended the interests of a renowned importer of German power tools and thermotechnics in a dispute with the State Inspectorate of Ukraine for Consumers’ Rights Protection (the State Consumer Rights Protection Inspectorate). The State Consumer Rights Protection Inspectorate believed that the products did not conform to the established requirements because the importer had failed to provide a full set of technical documentation for the products according to technical regulations (diagrams, drawings, descriptions, etc.) when the inspection of the products had been conducted. The State Consumer Rights Protection Inspectorate took restrictive (corrective) measures in the course of the market surveillance and temporarily banned the sale of a large number of imported products. In addition, the company was subject to four fines, allegedly for placing on the market the products that did not comply with the technical regulations – according to Article 44 of the Law of Ukraine “On State Market Surveillance and Control of Non-Food Products”.

Based on the developed litigation strategy, the client had to file four lawsuits to the Circuit Administrative Court of the city of Kyiv, seeking the reversal of the controlling authority’s decisions to take the restrictive (corrective) measures and to impose the fines. All of the four lawsuits were satisfied and court decisions entered into force.