Challenging ANPC sanctions in Romania: traders’ rights

Q: What is the deadline to challenge an ANPC sanction?

The general deadline is 15 days from the date the contravention report was handed over on the spot or communicated to the trader, according to art. 31 of Government Ordinance no. 2/2001. The deadline is calculated in calendar days; the day of communication is not counted, and if the last day falls on a non-working day, the term is extended to the first working day.

Q: Where should the contravention complaint against an ANPC report be filed?

After Law no. 107/2022, the complaint may be filed with either the local court in whose district the contravention was committed or the local court in whose district the offender has their domicile or registered office, based on the alternative jurisdiction rule in art. 32 para. (1) of Government Ordinance no. 2/2001.

Q: Does filing a complaint suspend enforcement of the ANPC fine?

Yes. Article 32 para. (3) of Government Ordinance no. 2/2001 provides that the contravention complaint automatically suspends enforcement of the sanctions. Once a timely complaint is filed, the fine cannot be enforced until the case is definitively decided.

Q: Can I pay half of the minimum fine and still challenge the ANPC report?

Under art. 28 of Government Ordinance no. 2/2001, if half of the minimum fine provided for the contravention is paid within 15 days, any further enforcement ceases. In practice, this is generally seen as incompatible with continuing a complaint aimed at eliminating the fine itself, although legal debate may remain regarding complementary measures or the legality of the report as an administrative act.

Q: As a consumer, can I challenge the ANPC sanction applied to a trader?

The consumer is not the offender and therefore does not file the contravention complaint instead of the trader. Consumers may challenge the way ANPC has dealt with their complaint through administrative or contentious-administrative avenues, and they may rely on ANPC findings as evidence in civil proceedings for refunds, damages or nullity of unfair terms.

Q: Is it mandatory to have a lawyer for the contravention complaint against ANPC?

Legal representation is not mandatory in contravention cases. However, given the complexity of consumer protection legislation and the financial and reputational stakes of ANPC sanctions, legal assistance is strongly recommended, especially for medium and large companies or for cases involving significant fines and serious complementary measures.

The National Authority for Consumer Protection in Romania (Autoritatea Națională pentru Protecția Consumatorilor – ANPC) plays a dual role. On one side, it is the main authority in charge of protecting consumer rights and ensuring that products and services placed on the market are safe and fairly marketed. On the other side, it is an administrative authority that applies contravention sanctions to traders, who benefit from procedural guarantees and the right to challenge those sanctions in court.

In practice, the tension between consumer protection and traders’ defence rights appears in three key moments: the inspection (control) carried out by ANPC, the contravention report (proces-verbal de constatare și sancționare) drawn up by the commissioners, and the contravention complaint (plângerea contravențională) lodged before the competent court. Understanding how each phase works is essential both for companies and for consumers who want to know what happens after they file a complaint with ANPC.

1. Legal framework: where ANPC sanctions fit in the Romanian system

ANPC does not act in a legal vacuum. Its powers are defined by general contravention legislation and by special consumer protection laws. For any trader who wants to understand and, if necessary, challenge an ANPC sanction, it is important to know the main sources of law.

1.1. Core consumer protection acts

The main legislative pillars relevant for ANPC sanctions are the following:

Government Ordinance no. 21/1992 on consumer protection, republished, which sets out the fundamental rights of consumers (right to protection of life, health and safety, right to information, right to compensation for damage caused by defective products or services, etc.), as well as ANPC’s attributions. The consolidated text can be consulted on the official Portal legislativ: OG no. 21/1992 (republished). :contentReference[oaicite:0]{index=0}
Government Ordinance no. 2/2001 on the legal regime of contraventions, which is the common framework for all contraventions, including those found by ANPC – it regulates the content of the contravention report, the procedure for applying and enforcing sanctions, and the complaint procedure. The text is available on the official portal: OG no. 2/2001 (Portal legislativ). :contentReference[oaicite:1]{index=1}
Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, which implements Directive 2011/83/EU and regulates information duties, withdrawal rights, delivery and risk passing rules in distance contracts and off-premises contracts. The consolidated version is published on the Portal legislativ: GEO no. 34/2014. :contentReference[oaicite:2]{index=2}
Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers, republished and subsequently amended, which defines unfair terms and allows courts to declare them null and void. The text can be accessed both on the Portal legislativ and on ANPC’s website: Law no. 193/2000 (Portal legislativ) and Law no. 193/2000 (ANPC PDF). :contentReference[oaicite:3]{index=3}

For companies, this means that an ANPC contravention report will usually rely on these special laws (for example, a violation of information duties under GEO 34/2014 or the existence of unfair terms under Law 193/2000), but the procedural regime of the report and of the complaint is governed mainly by OG no. 2/2001.

1.2. ANPC inspection procedure and internal rules

The practical way in which ANPC commissioners conduct inspections is governed by a specific procedure on supervision and control, approved by order of the ANPC President. As of late 2024, a new procedure has been adopted, which details how controls are initiated, how commissioners must identify themselves, what documents they may request, how samples are taken and how measures are recorded. The text of the procedure and the approving order are available on ANPC’s official website in the “Procedura privind activitatea de supraveghere și control” section and as a PDF: ANPC control procedure (PDF). :contentReference[oaicite:4]{index=4}

Specialised legal analyses describe how, under this procedure, ANPC typically checks traders’ authorisation documents, product traceability, compliance with labelling and safety rules, and the presence of misleading or aggressive commercial practices. A recent doctrinal article summarises these aspects and highlights the importance of properly completed inspection documents: analysis of ANPC’s control procedure. :contentReference[oaicite:5]{index=5}

1.3. Recent changes in the contravention complaint regime

Two recent developments are particularly important for traders who want to challenge ANPC sanctions:

Law no. 107/2022 amended art. 32 para. (1) OG no. 2/2001, introducing an alternative jurisdiction rule: the complaint may be brought either before the court in whose district the contravention was committed or before the court in whose district the offender has their domicile or registered office. The amendment is published on the Portal legislativ: Law no. 107/2022. :contentReference[oaicite:6]{index=6}
In 2023, the High Court of Cassation and Justice (ICCJ) admitted a recurs în interesul legii (appeal in the interest of the law) and clarified that in contravention complaints the claimant may supplement the claims and submit new evidence up to the first hearing at which they are legally summoned. A summary of ICCJ Decision no. 16/2023 (file no. 1577/1/2023) is available on Legal Land. :contentReference[oaicite:7]{index=7}

For traders, these changes increase procedural flexibility: they can choose a more convenient court and can file a basic complaint within the 15-day deadline, providing a more developed reasoning and evidence later, before the first hearing.

2. ANPC inspections: how they start, how they unfold, and what rights each side has

The inspection is the stage where facts are gathered. The way the inspection unfolds will often determine what ends up in the contravention report and how strong the trader’s position will be before the court. It is therefore crucial to understand what ANPC may do – and what rights and obligations traders and consumers have.

2.1. Triggers for ANPC inspections

According to OG no. 21/1992 and the internal control procedure, ANPC inspections may be triggered by several situations:

Individual complaints (petitions) filed by consumers, in which they describe a problem with a product or service and ask ANPC to intervene; OG no. 21/1992 expressly allows consumer associations and consumers to bring actions or complaints when their rights are infringed. :contentReference[oaicite:8]{index=8}
Thematic campaigns decided at national or regional level (for example: checking Black Friday promotions, online sales, tourism services, financial services, games for children, etc.), based on annual or multiannual plans published or announced by ANPC on its website. :contentReference[oaicite:9]{index=9}
Ex officio action, when ANPC becomes aware of potential violations from media reports, market monitoring, information exchanged with other authorities, or previous inspections.

In all cases, the inspectors must observe the internal procedure and the general rules of administrative law: they must have a legal basis for the inspection, be properly authorised, and act proportionately to the seriousness of the alleged violations.

2.2. Rights and obligations of ANPC commissioners during inspections

Under OG no. 21/1992, the general organisation rules and the control procedure, ANPC commissioners have a series of powers, but also obligations:

to identify themselves to the trader (ID card, appointment or control order) and inform them of the object and legal basis of the inspection; :contentReference[oaicite:10]{index=10}
to enter commercial premises, warehouses and production sites, within legal limits, including spaces used for online business operations (warehouses, pick-up points, offices where customer service is managed);
to request documents such as authorisations, licences, invoices, certificates of conformity, internal policies, contracts with consumers, terms and conditions, return and warranty policies;
to inspect products and services, check labelling, price display, promotional materials and information provided to consumers;
to take samples of products and send them to authorised laboratories where necessary; :contentReference[oaicite:11]{index=11}
to record their findings in notes, minutes and, where appropriate, in the contravention report.

The commissioners are obliged to act impartially, to accurately reflect in documents what they found, to allow the trader to make comments (objections) and to respect the guarantees foreseen by OG no. 2/2001 regarding the drafting and handing over of contravention reports. Failure to follow these rules may be invoked later as grounds of illegality in the complaint.

2.3. Traders’ obligations and rights during the inspection

Traders (professionals) also have clear obligations and rights under the same legal framework.

2.3.1. Traders’ obligations

to allow access to the premises within legal limits and not to obstruct the inspection;
to provide the requested documents – especially authorisation documents, product documentation, contracts with consumers, registers and internal instructions – within the deadlines indicated by the commissioners;
to ensure the presence of a representative competent to communicate with the inspectors (manager, compliance officer, legal adviser, etc.);
to refrain from destroying or altering documents relevant for the inspection.

2.3.2. Traders’ rights

to request identification of the commissioners and to receive a copy of the inspection authorisation or order;
to be informed about the objective of the inspection and the legal grounds (which law is being checked, for which type of products or services);
to be assisted by a lawyer or legal representative throughout the inspection and at the time of signing the contravention report;
to make written objections that must be recorded in the inspection documents or in the contravention report itself;
to receive copies of the documents drawn up by ANPC (notes, orders, contravention reports, measures imposed);
to challenge the sanctions applied by ANPC before the competent court, in accordance with OG no. 2/2001.

From a practical point of view, the way in which a trader behaves during the inspection – cooperation level, quality of explanations, clarity of documents provided – often influences not only the content of the report but also the court’s perception when assessing evidence later on.

2.4. What consumers should know about ANPC inspections

For consumers, ANPC is often seen as “the authority that fines traders”. However, ANPC’s role is broader: it monitors the market, prevents risks, and imposes corrective measures, sanctions being just one of the tools available.

Consumers should be aware of several points:

filing a complaint with ANPC does not guarantee a fine; it triggers (or may trigger) an inspection in which the facts are verified; :contentReference[oaicite:12]{index=12}
ANPC will respond to the consumer’s complaint, usually indicating whether a violation of consumer protection rules was found and what measures were taken (warning, fine, product withdrawal, temporary closure of a unit, etc.);
the consumer is not the contravening party – the trader is; the consumer may be considered an injured party or a witness, but pecuniary compensation is generally obtained through separate civil actions, not directly through the sanctioning procedure. :contentReference[oaicite:13]{index=13}

Still, ANPC findings and sanctions can be used by consumers to support their claims in civil court: for example, to recover the price paid, to obtain damages for defective products or services, or to have unfair contractual clauses declared void.

2.5. Practical tips for companies at the inspection stage

From a risk-management perspective, companies should treat each inspection as a serious legal event, not as a routine annoyance. Some practical recommendations:

Prepare documentation in advance: make sure authorisations, certificates, contracts, internal policies on returns and warranties, and consumer information documents are up to date and easy to retrieve.
Designate a trained contact person: someone who knows both the business and the basic legal framework can handle requests consistently and avoid contradictory statements.
Record objections in writing: if the company disagrees with ANPC’s interpretation or factual findings, objections should be formulated clearly and included in the minutes or contravention report. These notes can be crucial in litigation.
Involve a lawyer early: given the complexity of the consumer protection legislation (OG 21/1992, GEO 34/2014, Law 193/2000 etc.) and the financial impact of sanctions, having legal assistance already at the inspection stage can prevent avoidable mistakes.

3. The contravention report (proces-verbal): content, sanctions, and nullities

The contravention report is the central document by which ANPC records the alleged violation and applies the corresponding sanction. It is both a fact-finding act and a sanctioning act, and – if not challenged in time – becomes enforceable.

3.1. What is the contravention report and what must it contain?

Article 16 OG no. 2/2001 sets out the mandatory elements of a contravention report: date and place of drafting; identification of the officer; identification of the offender (for legal persons: name, registered office, fiscal code); description of the act with indication of time, place and relevant circumstances; legal provisions infringed; sanction(s) applied (main and any complementary sanctions); any damages and the injured party; indication of the possibility to pay half of the minimum fine; the deadline and the court where the complaint can be filed. :contentReference[oaicite:14]{index=14}

Article 17 OG no. 2/2001 lists several situations of express nullity (for example, absence of the offender’s name, absence of the factual description, absence of the officer’s signature). In these cases, the report may be declared null without needing to prove additional prejudice, because the violation concerns essential elements of the act.

3.2. Types of sanctions ANPC may apply

Under OG no. 2/2001, OG no. 21/1992 and sectoral legislation, ANPC may apply:

Main sanctions – warning or contravention fine (for individuals and legal entities), and in some specific fields community service (for natural persons, not for companies); :contentReference[oaicite:15]{index=15}
Complementary sanctions – confiscation of non-compliant or dangerous products, withdrawal from the market, suspension of the activity or partial or total closure of the unit, withdrawal of certain licenses or authorisations, other measures expressly foreseen by law.

OG no. 21/1992 expressly prohibits marketing products or services which, when used under normal conditions, may endanger the life, health or safety of consumers and allows ANPC to order their temporary or permanent withdrawal from the market and impose substantial fines depending on the seriousness of the infringement. :contentReference[oaicite:16]{index=16}

In practice, an ANPC report often combines a fine with one or more complementary measures (for example, a fine plus temporary closure of a restaurant and market withdrawal of a batch of unsafe products).

3.3. Nullity of the contravention report: form vs. substance

Many defence strategies focus on attacking the validity of the contravention report. However, Romanian case law draws a clear distinction between:

Express nullities – those listed in art. 17 OG no. 2/2001 (e.g. missing identification of the offender, missing description of the act, missing signature of the officer). These usually lead to annulment without the need to show additional prejudice.
Relative nullities – resulting from other irregularities (e.g. incomplete description of the facts, minor formal errors). In these situations, the claimant must show that the irregularity caused a real prejudice to the exercise of their defence rights that cannot be remedied otherwise than by annulling the report. :contentReference[oaicite:17]{index=17}

The High Court has held in several decisions that not every formal deficiency automatically triggers nullity: courts must assess whether, taken as a whole, the report allows understanding what act is imputed and under which legal basis. Therefore, traders should not rely solely on minor formal errors but should build a defence that addresses both formal legality and substantive merits.

3.4. Communication of the report and critical deadlines

According to art. 26–27 OG no. 2/2001, the contravention report must be handed over on the spot or, if this is not possible, communicated to the offender within a maximum of two months from the date of application of the sanction, by registered mail with acknowledgement of receipt or by posting at the registered office in certain cases. :contentReference[oaicite:18]{index=18}

The 15-day deadline for filing the contravention complaint runs, as a rule, from the date of handing over or communication of the report (art. 31 OG no. 2/2001). This is a procedural time limit calculated in calendar days according to the Civil Procedure Code rules: the day of communication is not counted, and if the last day falls on a non-working day, the term is extended to the first working day. :contentReference[oaicite:19]{index=19}

3.5. Paying half of the minimum fine and its impact

Article 28 OG no. 2/2001 (as amended) allows the offender to pay half of the minimum amount of the fine foreseen by the sanctioning norm within 15 days from the handing over or communication of the report. If this amount is paid within the deadline, any further enforcement is stopped. The report must contain an explicit mention of this option. :contentReference[oaicite:20]{index=20}

For companies, this poses a strategic dilemma: by paying half of the minimum fine they limit the immediate financial impact but make it more difficult to pursue a complaint solely targeting the pecuniary sanction. It may still be possible to challenge complementary measures or aspects related to the legality of the report as an administrative act, but case law is not completely uniform. For significant sanctions and serious legal doubts, many companies choose to file a complaint and not to take the “half-minimum” route.

3.6. Common mistakes made by traders in relation to the report

Practice shows several recurring mistakes:

Ignoring the report, assuming “nothing will happen” – in reality, an uncontested report becomes an enforceable title; fines can be collected through tax authorities, and complementary measures remain in force.
Filing the complaint late – missing the 15-day deadline usually leads to dismissal of the complaint as time-barred, except in very limited circumstances (e.g. demonstrable irregularities in communication, force majeure), which require strong proof.
Vague or generic complaints – simply stating that the report is “illegal and unfounded” is not enough. Courts expect clear factual and legal arguments, as well as supporting evidence.
Failing to invoke nullity grounds in time – if the report is missing essential elements or if the legal classification is clearly wrong, these aspects should be explicitly raised in the complaint and developed with relevant legal arguments and case law.

4. The contravention complaint against an ANPC report

The contravention complaint (plângerea contravențională) is the main tool for traders to obtain the annulment or modification of an ANPC sanction. Its regime is governed by OG no. 2/2001, as amended, and by the Civil Procedure Code.

4.1. Legal basis and the 15-day time limit

Article 31 para. (1) OG no. 2/2001 states that, against the contravention report, a complaint may be filed within 15 days from its handing over or communication. As mentioned, this is a procedural time limit, calculated in calendar days. :contentReference[oaicite:21]{index=21}

Following ICCJ Decision no. 16/2023 on the appeal in the interest of the law, it is now clear that the complaint does not have to be comprehensively motivated within these 15 days: the claimant may modify the complaint and produce new evidence up to the first hearing at which they are legally summoned. This has been expressly recognised in practice and summarised in legal commentaries. :contentReference[oaicite:22]{index=22}

Therefore, companies should focus on filing a timely complaint, even with a basic reasoning, and then build a detailed defence before the first hearing.

4.2. Competent court: alternative jurisdiction after Law no. 107/2022

Before 2022, the general rule was that the complaint should be addressed to the court where the contravention was committed. Law no. 107/2022 changed this by amending art. 32 para. (1) OG no. 2/2001 and introducing alternative jurisdiction. The complaint may now be filed with either:

the court in whose district the contravention was committed, or
the court in whose district the offender has their domicile or registered office (for legal entities, the registered office). :contentReference[oaicite:23]{index=23}

This change is particularly important for companies with headquarters in a different city from the inspected unit: they can choose the court closest to their registered office, reducing travel and representation costs.

4.3. Content of the complaint and useful evidence

Procedurally, the complaint is a statement of claim and must observe the general requirements of art. 194 et seq. of the Civil Procedure Code, with the specific additions in OG no. 2/2001. In practice, it should include:

identification data of the trader (name, registered office, registration number, tax ID, legal representative);
identification of the challenged report (number, date, issuing authority – ANPC or county/sector consumer protection commissariat – and a short description of the measure);
clear claims (e.g. full annulment of the report; alternatively, replacement of the fine with a warning; annulment or modification of complementary measures; reduction of the fine; change of legal classification);
factual and legal reasoning: why the facts are not as described, why they do not amount to a contravention, why the sanction is disproportionate, what procedural rules were violated; reliance on OG 21/1992, OG 2/2001, GEO 34/2014, Law 193/2000 and relevant case law is advisable;
proposed evidence: documents (contracts, orders, invoices, correspondence with consumers, internal procedures, inspection notes), audio-video recordings, witness testimony, expert reports, technical opinions, etc.

The complaint should be accompanied by a copy of the contravention report, proof of the date of communication (if available), proof of payment of the court fee (currently generally 20 RON under GEO no. 80/2013 for contravention complaints) and the power of attorney or mandate for the representative.

4.4. Effects of the complaint: suspension of enforcement

One of the key advantages of filing a complaint is the automatic suspensive effect. Article 32 para. (3) OG no. 2/2001 provides that the complaint suspends enforcement of the sanctions. This means that once a timely complaint is lodged, the fine cannot be enforced until the case is definitively settled. For complaints filed by injured parties or owners of confiscated goods, suspension concerns only damages or confiscation. :contentReference[oaicite:24]{index=24}

For traders, this provides breathing space to prepare their defence and to manage cash-flow and reputational impacts while the court examines the legality and merits of the ANPC decision.

4.5. What the court can decide

Article 34 OG no. 2/2001 states that the court examines both the legality and the merits of the contravention report. After hearing the parties and taking the necessary evidence, the court may:

uphold the report, maintaining the sanctions in full;
annul the report in full, for reasons of nullity or lack of merits (e.g. the act is not proven, is not a contravention, or the wrong person was sanctioned);
annul the report in part, for example by cancelling a disproportionate complementary measure while maintaining the fine, or vice versa;
modify the sanction – reduce the amount of the fine, replace the fine with a warning, reduce the duration of a closure measure, or change the legal classification of the offence if the conditions of another contravention are met.

The judgment may be appealed, typically by way of appeal to the tribunal, and the appeal may itself have suspensive effects depending on the applicable procedural rules.

4.6. Strategy considerations for companies when drafting the complaint

An effective complaint should be more than a formality. Some strategic points:

Combine formal and substantive defences: do not rely exclusively on formal flaws; argue both the invalidity of the report (missing elements, improper communication, misapplication of OG 2/2001) and the lack of merits (facts did not occur, cannot be imputed, or do not amount to a contravention).
Explain the prejudice caused by formal errors: where nullity is relative, courts require that the claimant show how the irregularity impaired their defence rights.
Document compliance efforts: in consumer law, evidence of robust internal compliance programmes (staff training, clear contracts, consumer-friendly policies) can support arguments that a warning or lower fine would be sufficient and proportionate.
Use case law strategically: citing ICCJ and appellate court decisions on OG 2/2001 and ANPC sanctions can provide a framework that helps the judge adopt similar solutions in your case.

5. Impact of ANPC sanctions on consumers and traders

5.1. For consumers: sanctions as a protection tool

Although consumers are not the addressees of ANPC contravention reports, the sanctions play a significant role in consumer protection policy:

they deter abusive practices, such as misleading advertising, hidden fees, unfair contract terms or unsafe products; :contentReference[oaicite:25]{index=25}
complementary measures such as product withdrawal or unit closure prevent further harm to other consumers;
ANPC findings can be used as supporting evidence in civil or collective actions for damages, rescission, or nullity of unfair terms.

However, consumers should keep in mind that ANPC does not generally award monetary compensation. For this, they must turn to the courts (individually or through collective actions where possible), relying, among other things, on the ANPC report as evidence.

5.2. For traders: between compliance and litigation

For traders, ANPC sanctions have financial, operational and reputational consequences:

Financial impact – fines may reach significant amounts, especially in retail, financial services or large-scale online commerce; repeated infringements may be taken into account through contravention records (cazier contravențional). :contentReference[oaicite:26]{index=26}
Operational impact – suspension of activity, partial or total closure of a unit, or withdrawal of key products from the market may seriously disrupt business and contractual relationships.
Reputational impact – public communication of serious ANPC sanctions, especially when linked to health and safety risks, can affect brand trust in the long term.

Against this background, challenging unlawful or disproportionate sanctions is not just a legal reflex, but part of a broader risk management strategy. At the same time, investing in genuine compliance with consumer protection rules is often the most cost-effective way to reduce both the likelihood and the severity of sanctions.

6. FAQ – frequently asked questions about challenging ANPC sanctions

Question 1: What is the deadline to challenge an ANPC sanction?

The general deadline is 15 days from the date the contravention report was handed over on the spot or communicated to the trader, according to art. 31 OG no. 2/2001. The deadline is calculated in calendar days; the day of communication is not counted, and if the last day is a non-working day, the term is extended to the first working day. :contentReference[oaicite:27]{index=27}

Question 2: Where should the contravention complaint against an ANPC report be filed?

Following Law no. 107/2022, the complaint may be filed with either the local court in whose district the contravention was committed or the local court in whose district the offender has their domicile or registered office (alternative jurisdiction under art. 32 para. (1) OG no. 2/2001). :contentReference[oaicite:28]{index=28}

Question 3: Does filing a complaint suspend enforcement of the ANPC fine?

Yes. Article 32 para. (3) OG no. 2/2001 provides that the contravention complaint automatically suspends enforcement of the sanctions. Therefore, once a timely complaint is filed, the fine cannot be enforced until the case is definitively decided. For injured parties or owners of confiscated goods, suspension applies only to damages or confiscation. :contentReference[oaicite:29]{index=29}

Question 4: Can I pay half of the minimum fine and still challenge the ANPC report?

Article 28 OG no. 2/2001 states that if half of the minimum fine provided for the contravention is paid within 15 days, “any enforcement ceases”. In practice, this is usually seen as incompatible with pursuing a complaint aimed at eliminating the pecuniary sanction, although issues may still be raised regarding complementary measures or the legality of the report as an administrative act. The decision whether to pay or to litigate should therefore be made carefully, ideally with legal advice. :contentReference[oaicite:30]{index=30}

Question 5: What are the chances for a trader to win a complaint against an ANPC report?

There is no fixed success rate. The outcome depends on the quality of the report, the strength of the evidence, the seriousness of the infringement and the proportionality of the sanction. Chances are higher where there are clear formal defects (nullities), where the facts are not proven or cannot reasonably be imputed to the company, or where the sanction appears clearly disproportionate. At the same time, where serious infringements affecting health and safety are proven, courts are usually reluctant to annul sanctions entirely, but may still adjust their level. :contentReference[oaicite:31]{index=31}

Question 6: As a consumer, can I challenge the ANPC sanction applied to a trader?

The consumer is not the offender, so they do not file the contravention complaint instead of the trader. Consumers may, however, challenge ANPC’s decision on their own complaint (for example, if ANPC considered it unfounded) through administrative and contentious-administrative avenues. In civil cases, consumers can use ANPC’s findings as evidence to claim refunds, damages or to seek the nullity of unfair terms. :contentReference[oaicite:32]{index=32}

Question 7: Is it mandatory to have a lawyer for the contravention complaint against ANPC?

No, the law does not make legal representation compulsory in contravention cases. However, given the complexity of consumer protection legislation, the financial and reputational stakes of ANPC sanctions and the need to structure a solid evidentiary case, legal assistance is strongly recommended, especially for medium and large companies or for cases involving significant fines and serious complementary measures. :contentReference[oaicite:33]{index=33}

7. Conclusions: balancing consumer protection and traders’ rights

ANPC contravention sanctions sit at the intersection of two major public interests: ensuring a high level of consumer protection and fair competition on the one hand, and safeguarding traders’ defence rights and legal certainty on the other. OG no. 21/1992, OG no. 2/2001, GEO no. 34/2014, Law no. 193/2000, the control procedures and court case law together form a complex framework in which both form and substance matter.

For consumers, ANPC remains a key enforcement authority, but its interventions do not replace civil actions for compensation or the possibility of collective redress. For traders, understanding the mechanics of inspections, the mandatory content of the contravention report and the rules governing the complaint is crucial to avoid unlawful or disproportionate sanctions and to engage constructively with the authority.

Ideally, a sound business strategy combines genuine compliance with consumer protection rules – including in the online environment – with a robust procedural defence for those cases where sanctions are questionable. This dual approach can reduce the frequency and impact of ANPC sanctions while contributing to a culture of fair and transparent market practices.