The following are the overall number of non-conformities with legislation and voluntary codes regarding marketing communications in Italy.
|Type of non-conformity||2019||2018||2017|
|Number of non-conformities with legislation resulting in a fine or penalty||0||0||0|
|Number of non-conformities with legislation resulting in a warning||0||1||0|
|Number of non-conformities with voluntary codes (*)||0||2||1|
The cases are regulated by the Institute of Advertising Self-Regulation, which operates in compliance with the code of commercial communication and is competent in defining all disputes relating to advertising involving the associated subjects, directly or indirectly. Jury's decisions do not involve financial penalties but, if required, a withdrawal order of the contested marketing message.
The table shows the number and value total cash in fines for non-compliance with laws and regulations concerning the supply and the use of products and services in Italy.
Number of fines for non-conformities regarding
the supply and use of products and services
Total monetary value of these fines (in euros)
The fine relates to a proceeding initiated and concluded in 2019 whose sentence was to pay 200 thousand euros for misleading advertising for the Fibra offer. Three proceedings were opened in 2019; one, for winback actions and pre-activated services, ended in January 2020 with a sentence to pay €4,800,000, the other 2 proceedings are still pending (expected end date: May 2020).
In 2018 AGCM closed three proceedings, two initiated in 2017 and one in 2018. Of the proceedings initiated in 2017, one ended with a fine of 4.8 million euros (misleading advertising messages for the TIM Smart Fibra offer) and one was archived. The third proceeding, started in 2018, ended with a fine of 1.8 million euros (unfair commercial practices in recovery actions).
In 2017 AGCM opened five proceedings against TIM, one of which closed with undertakings (accepted by AGCM on a proposal from TIM), two with fine (one of 300,000 euros for non-compliance with Judgement 10,246 and the other of 50,000 euros for non-compliance on oppressive clauses) and two to close in 2018 (one for misleading advertising of the TIM Smart Fibra offer and the other for breach of domicile provision for dispatching invoice by e-mail). In July 2017 the procedure on the right to rethink, initiated in 2016, ended with fine of 2,000,000 Euros.