The court canceled the penalty for the Delivery Club service fee.
A new stage of the high-profile case of a fine for the Delivery Club service fee has been completed. This time, the Capital Arbitration Court did not find violations of the law in the actions of the aggregator and canceled the decision of Rospotrebnadzor to impose a fine of 10,000 rubles as illegal.
The case began with the fact that a consumer turned to Rospotrebnadzor with service checks, in which the service fee appeared, in one in the amount of 14 rubles, in two more for the ruble. The Office considered the inclusion of the fee an imposition of an additional service that cannot be refused. As a result, Delivery Club was brought to administrative responsibility with a fine of 10,000 rubles and a proposal to eliminate the violation - the service fee itself.
The aggregator did not agree with such requirements and challenged the decision of Rospotrebnadzor in court. Initially, the Moscow arbitration sided with the state body and agreed with its arguments. The appeal also did not help the aggregator defend its position and scheme of work, but in the cassation, the decision of Rospotrebnadzor and lower courts was already canceled and the case was sent for a new trial. On November 22, the Arbitration Court of the capital canceled the decision and representation of the state body.
"Delivery Club" initially indicated that the service fee is a payment for the use of the result of intellectual property, it goes to the development of the site and application. At the same time, all information is communicated to the consumer in the User Agreement, which is proposed to be read before using the service, and in the order form, since the fee appears in it, until the moment of payment.
The court, for its part, noted that the Delivery Club is an information link between users, representing a platform where not its own proposals, but the proposals of partners are placed. The User is always made aware of the User Agreement in advance without fail. By confirming familiarization with this document, the consumer thereby joins it.
The case is resonant, since this is the first precedent for challenging the service fee and, in fact, the entire business model that many companies operate on. The court confirmed that the service charge is not an imposition of unreasonable expenses on the consumer, but a payment for additional features of the application (quick order, comfortable choice, etc.). However, the decision can still be appealed to higher courts.
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