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Ecoservice Italy fined €5000

September 12, 2017

In a legal action brought by Pacto, the Italian Association of Remanufacturers, the Italian court in Macerata imposed a penalty of €5000 ($5979) on Ecoservice di Santarelli Paolo for selling new cartridges as remanufactured.

The complaint by the Italian remanufacturing association, Pacto was filed in September 2014 and cited two instances in March 2014 where a professional investigator had made two test purchases of remanufactured toner cartridges from the company, Ecoservice di Santarelli Paolo and upon further inspection, the cartridges sold to the investigator were, in fact, new cartridges. The court also saw sales and purchase invoice and delivery notes in support of the Pacto claims.

In translated court papers seen by The Recycler, the court found in favour of the plaintiffs and confirmed that on at least two occasions new toners that had not been remanufactured were “made to pass” for regenerated and at a lower price than the price of a remanufactured toner. An act that can qualify as unfair competition conduct that “directly or indirectly of any other means not complying with the principles of professional and appropriate fairness to hurt the other company. ”

The Judge found in favour of Pacto and awarded damages of against Ecoservice di Santarelli Paolo of €5000 ($5979) and further awarded Pacto €6569 ($7855) costs and disbursements.

Pacto is an Italian association of remanufacturers whose members include Eco-Recuperi, Microlaser Italia, Sapi, Tecnolaser Europa and Sibas spa and was established in 2009, and aims to promote any initiative that helps to support the development and progress of the Italian remanufacturing industry. According to Pacto, genuine remanufacturers currently, hold a 10 percent share of the Italian toner cartridge market that is currently estimated to be around nine million cartridges per year. The Italian government accounts for around three million of the total market sales.

Ecoservice di Santarelli Paolo was formed in 1996 and employs more than 60 people producing 40,000 cartridges per month (2016) of which fifty percent are for the export market.

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