Martijn van de Hel and Marianne Meijssen have succesfully assisted Coolcat in appeal proceedings against a fine imposed by the Autoriteit Consument & Markt (ACM) for violating consumer law provisions. ACM alleged that Coolcat did not always refund the shipping cost in time and its website allegedly did not contain all relevant information about exercising the right of return.
The highest administrative court, the Trade and Industry Appeals Tribunal (“CBb”), annulled the ACM’s fine. According to the CBb, ACM was not competent to fine entities for refunding of shipping costs untimely. Moreover, the CBb ruled that the ACM breached the prohibition of arbitrariness, as it warned other fashion webstores in advance before taking enforcement measures. Coolcat did not receive such a warning. The CBb found this discriminatory treatment unjustifiable.