Sofia Administrative Court, Decision № 5920/2012 (administrative trial case № 6859/2012), acting in Cassation, November 7, 2012

(1) The Consumer Protection Commission (CPC) was claiming that an ISP hosting a website with false and misleading real estate advertisements was engaging in unfair commercial practice contrary to Article 68d of Consumer Protection Act (CPA).

(2) The court found that the investigation made by the administrative authority, the CPC, imposing penalties, was not sufficient to identify who committed the offence. It was not proven that the defendant should be regarded as an ISP at all. Some evidences may have led to the conclusion that the ISP was a hosting provider but it was never proved in the course of the investigation that he was acting in this capacity.

(3) The simple listing of company names with references to websites with the same names, was considered as insufficient by the court to prove in a definitive way the relation between the defendant and the offence of posting false advertisements under Article 68c and 68d (4) of the CPA.

(4) The Sofia City Administrative Court, before which the appeal was held, confirmed the first instance decision of the Sofia Regional Court, canceling the CPC's penalty and stating that the offence was not proven. (Please note that the Administrative Court in Bulgaria acts as an appellate court of last resort reviewing the administrative cases held before the Regional Courts in first instance.)