seasonal sales regulations in europe (as of sept

SEASONAL SALES REGULATIONS IN EUROPE (AS OF SEPT 2014)
Country
Belgium
Cyprus
Frequency
Products covered
Pre-seasonal sales blackout
3 to 31 January and 1 to 31 July
Length
Merchandise must be held by
seller at the beginning of the sales
period and must have been
offered for sale during at least 30
days before that date.
No
announcements
of
price
reductions on clothing, leather
goods and shoes during the period
of a month before the start of the
sales (i.e. 3 December to 2nd
January and 1st to 30th June).
1 month in February
1 month in August
Textile
products,
footwear,
household equipment and any kind
of furniture. Can be sold at sales
prices only during those periods
and under the condition that they
clearly show the pre-sale and sale
price.
Merchandise must have been paid
for by the retailer and have been
offered for sale for at least 1
month before the start of the sale
Sales below cost are allowed in
sales periods.
All
Twice a year
Twice a year
Maximum period of 6 weeks.
Precise dates set by authorities
France
Greece
Twice year
Four times a year
a) Regular discounts: on the
second Monday of January until
the end of February and the
second Monday of July until the
end of August.
b) Interim discount periods: the
first ten days of May and the first
ten days of November
Country
Italy
Frequency
Twice a year
(in winter and
summer)
Length
in
Products covered
Pre-seasonal sales blackout
Varies across the country:
regional jurisdiction.
Usually 60 days.
Non-food (textile and footwear).
Regional jurisdiction. In Emilia
Romagna, Friuli Venezia Giulia,
Campania and Trento Province preseasonal sales are free. In other
regions blackouts are applied.
New Merchandise can be stocked
for sales periods
None
Luxembourg
Twice a year
2 weeks each
Poland
Twice a year
No more than 1 month
Portugal
Twice a year
28 December to 28 February
15 July to 15 September
Decreto-Lei nº
26th March1
70/2007,
of
i) Products expressly bought for
that purpose may not be sold on
sale, being considered to be in
that situation all products bought
and received in the commercial
store for the first time or during
the month that precedes the time
period of the price reduction
ii) The merchandise to be sold on
sales may not have been under
any kind of offer at a lower price
or under more favorable terms of
purchase in the month preceding
the beginning of the sales season
Slovenia
1
Twice a year
1st working Monday in January
and 2nd working Monday in July
Textile products and footwear
Changing of this legislation is presently under discussion; Proposal: Proposta de Lei 213/XII - According to this draft law, sales may take place in any periods of the year,
as long as they don´t overcome, globally, four months per year. Limitations (already existing in previous legislation):
i) Products expressly bought for that purpose may not be sold on sale, being considered to be in that situation all products bought and received in the commercial store for
the first time or during the month that precedes the time period of the price reduction
The above mentioned point ii) is redrawn.
Country
Spain
Frequency
Twice a year
Length
Products covered
At least 1 week and at most 2
months,
at
the
retailer’s
discretion
Specific dates are set by relevant
regional authorities
Merchandise must have been
offered for sale for at least 1
month and not have been the
subject
of
any
promotional
activity.
Pre-seasonal sales blackout
Note 1:
In the following countries, seasonal sales are not regulated and sales below cost are permitted:
Austria, Cyprus, Czech Republic2, Denmark, Estonia, Finland3, Iceland, Latvia, Lithuania, Malta, Netherlands, Slovakia, Sweden, UK.
Note 2:
Cyprus, sales below cost are permitted but specific rules for specific products exist with regard to the seasonal sales.
Note 3:
Germany, since 2004 seasonal sales are not regulated but sales below cost are not permitted.
2
law in the Czech Republic – 526/90 – price law.
In § 2 the seller cannot use its economic position to gain inappropriate profit by selling for price that includes unauthorised costs or inadequate profit or to use it to disturb
the market environment by sales below cost. The buyer cannot use its economic position to gain inadequate economic profit by buying for price enormously under
authorised costs.
This can be applied only when seller (buyer) has enormously better position at the local market than the buyer (seller) and it uses its position to demand higher (lower)
price.
“Better position” is when:

There is a dominant position on the specific market (30 % market share)

extraordinary market situation – might happen from higher power (nature disaster, political or social conflicts)

existence of a cartel or acquisition of companies
other situation that leads to a bad position of a business partner in the relation to seller (buyer) that might be created by indebting of business partner, its legal duties,
inability to sell to a different buyer or buy from a different seller
3
But there are recognised rules/principles (made by consumer officials / Commerce Sector) to be followed.

Frequency/length:
During one calendar year a shop may hold sales for maximum of 3 months. The maximum consecutive period of any sale is 2 months.

Products covered:
Sales must apply to the majority of product ranges in a shop, unless limited or specified in the marketing. Used products may not be sold at reduced price, also not
products that are unique (like paintings) or products that have a very short seasonal sales period (such as fireworks).