Chiara Ferragni filed an appeal with the Lazio Regional Administrative Court against the Antitrust measure which in December had imposed a fine of over one million euros on the companies attributable to her and on Balocco for alleged misleading advertising linked to the sale of pandoro ' Pink Christmas'.
The news, confirmed by sources in Ferragni's entourage, was anticipated today by Messaggero.
According to what has been learned, the appeal does not contain any precautionary request for suspension.
After the filing, therefore, the hearing will be identified in which the merits will be discussed and decided directly with the request for cancellation of the sanctioning measure or, alternatively, in the case of partial acceptance of the appeal, the redetermination of the sanction itself.
The company TBS Crew Srl and its President of the Board of Directors Chiara Ferragni are appealing to the TAR, contesting the Antitrsut sanction for unfair commercial practice for alleged misleading advertising linked to the sale of the 'Pink Christmas' pandoro.
The Antitrust sanction imposed on Chiara Ferragni's company would first of all be
"illegitimate due to a lack of investigation and motivation".
This is what is revealed in the appeal to the Lazio Regional Administrative Court.
According to the lawyers there was no "careful consideration of the licensing contract, which regulated the donation in question as a contractual obligation conventionally placed on Balocco".
In essence, for the appellants, the contractual clause governing the connection between the sales and the donation (to the Regina Margherita hospital in Turin, ed.) was not examined, which created the deceptiveness of the practice without in the slightest questioning the contractual obligations that existed actually between the parties".
Furthermore, the lawyers dispute the deceptiveness of the commercial practice by arguing that "the contract stipulated between Fenice and Balocco expressly provided for a correlation between the sales and the donation, without stating that the latter had to be proportional to the sales, and had included the donation in the scope of a commercial operation which evidently aimed precisely at sales and was overall fueled by them".
According to the appellants, "the appeal of the 'Ferragni' brand on its target consumers was not considered" or the possibility that "the consumers' choice to purchase the 'designer' pandoro was driven exclusively by the strength of the brand was ignored" .
Codacons: 'We will intervene in the appeal to the TAR'
Codacons has decided to intervene in the Lazio Regional Administrative Court with the administrative appeal of Chiara Ferragni and the Balocco company announced yesterday and aimed at contesting the Antitrust provisions in relation to the 'Pandoro Pink Christmas' initiative.
The Consumers' Association itself reports this.
"We fully contest the influencer's absurd defense theses - we read in the Codacons note - and during the appeal we will ask the TAR judges to condemn Ferragni to compensate all buyers of the 'Pink Christmas' pandoro. Chiara Ferragni contradicts whether itself, and commits a new serious mistake, in the famous video published on social media following the Antitrust fine, the influencer had in fact apologized and admitted his mistakes, promising to treasure them and recognizing that he had 'made a mistake of communication' due to 'not sufficient control over communication'.
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