Spain Dynamic pricing of products and services.
Fossil fuels and transport services powered by fossil fuels.
Preliminary draft law on Sustainable Consumption.
The draft law is hereby notified in accordance with the following provisions:
Article One. Amendment to Law 3/1991, of 10 January, on Unfair Competition.
Law 3/1991, of 10 January, on Unfair Competition, is amended as follows:
(..)
Three. Article 27 is amended as follows:
"Article 27. Other misleading practices.
Practices that are considered unfair because they are misleading include those that:
10. Consist of the use of a dynamic pricing system for the marketing of goods or services that are delivered or provided on a specific date without first informing the consumer of the use of such a system for the same product on the same date, as well as the minimum and maximum price at which it will be offered and its complete evolution over time from the start of marketing to the date of delivery or provision.”
Article Two. Amendment of the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, adopted by Royal Legislative Decree 1/2007, of 16 November.
The consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, adopted by Royal Legislative Decree 1/2007, of 16 November, is amended as follows:
(...)
Six. A new Article 20b is introduced, which is worded as follows:
“Article 20b. Limitation of the final price increase in contexts of urgency, risk or consumer and user need.
1. No increases in the final sale price of goods and services determined in accordance with this article may occur in contexts of urgency, risk, or consumer and user need. For these purposes, a final price increase shall be understood to mean any price higher than the maximum price at which the good or service, or goods or services of a similar nature, has been offered during the thirty days prior to the unforeseen situation that gives rise to the urgency, risk, or need.
Exceptionally, if the maximum price offered is fifty percent higher than the average price offered in the thirty days prior to the unforeseen situation for the same good or service, or for goods and services of a similar nature, the reference price, in accordance with the provisions of the preceding paragraph, shall be said average price increased by fifty percent.
The provisions of the preceding paragraphs shall be without prejudice to price increases resulting from a verifiable increase in the costs of placing the good or service on the market, or that are demonstrably necessary for economic operators to place new goods or services on the market, which may mitigate the disruption of supply and demand resulting from the emergency or force majeure situation.
For services whose prices are of a marked seasonal nature, the average price of the same period of the previous year, updated in accordance with the Consumer Price Index, shall be taken as a reference.
In the case of services with regulated tariffs or prices, or that are subject to contracts between the operator and the public administration, as these are not set freely by the operator, the condition of no price increase by the operator shall be deemed to be satisfied.