Business Ethics and Governing Principles of Consumer Relations

Abstract

The objective of this study is to examine the occurrence of product-related events resulting from quality defects, misleading information, or production flaws that may cause harm to consumers or third-party victims (bystanders) (Art. 17). The focus is on the responsibility of the product/service supplier, as the Consumer Protection Code (CDC) treats service providers differently, necessitating separate analysis. To establish the occurrence or imminent occurrence of the product-related event and, consequently, hold the supplier liable, three basic prerequisites are essential: a) the fact or defect of the product, b) the emerging or imminent damage (eventus damni), and c) the causal relationship or causality between the defect and the harmful event. The study addresses the correction of previous flaws in the complaint, which now adequately describes the alleged criminal activity and includes supporting evidence, such as advertising that contributed to consumer misunderstanding. This correction, made through a writ, enables the corresponding criminal action. The conclusion reached is that the appeal is denied, as stated in the decision: "The new complaint, now adequately describing the alleged criminal activity and attaching the advertising that would have contributed to consumer error, corrects the previously identified flaw through a writ, making it suitable for the corresponding criminal action." This research employed a legal analysis methodology, examining relevant legal provisions, and referencing specific court cases to support the conclusions drawn. The findings emphasize the importance of meeting the established prerequisites to establish liability in cases of product-related events and highlight the significance of accurately formulating complaints in criminal proceedings.