Fine cancelled for tobacconist refusing pos for payment of cigarettes

The fine cancelled for the tabacconist who refused to accept paymentwith the pos for a packet of Camel costing euro 5.50. The Justice of the Peace of Genoa thus cancelled the injunction order that punished the retailer for not accepting electronic money. The querelle that gave rise to what could bea groundbreaking judgment to exclude the possibility of paying with credit and debit cards State Monopolies articles, began just under two years ago, after the tobacconist's refusal to accept the customer's electronic card for the payment of his 'blondes', as in the buyer's opinion he was instead obliged to do.

The first tug-of-war between the two had led to the intervention of the Guardia di Finanza called by the smoker. The tax police had issued a dispute report, which was challenged, unsuccessfully, before the Prefect of Genoa. The next step was an appeal, this time successful, to the Justice of the Peace, who granted the request to cancel the fine, endorsing the line of defence of the lawyers Alessandro Gazzolo and Michele Bonacchi.

In fact, in the opinion of the lawyers, the plaintiff's category, as a concessionaire of the Mef, had to be removed from the scope of the rule harmonising electronic payments on the union market (Legislative Decree 218/2017). And this for more than one reason. The main one lies in the very small profit margin in the resale of tobacco products: a predetermined premium that would be further eroded by the commission, in addition to the impossibility of increasing an imposed price. An exemption from the obligation that, according to the defence, would already be provided by law for tobacconists selling Monopoly products.

Article 2(2)(b) of Legislative Decree No. 11 of 27 January 2010, as amended by Legislative Decree No. 218/2017 - which, among other things, prohibits charging the buyer for the transaction expenses - would save those who, like the tobacconist "authorised by the State Monopoly," the appeal states, "act in the exclusive interest of the payee, to whom he or she reimburses the entire price of the Monopoly products, being entitled only to a percentage". A contrary interpretation of the rule would have the double effect of imposing on the tobacconist a double monopoly, thus limiting him both in terms of revenue and expenses.

For the defence, the category would be exposed to the abuse of a dominant position by the operator of electronic payment circuits and any profit margin for the monopoly's products would be nullified, making it effectively impossible to conduct business in violation of the Constitution. However, it was not necessary to refer the matter to the Consulta, as requested by the plaintiff's lawyers, in case there was any doubt about the response. In fact, the Justice of the Peace upheld the appeal. Satisfaction with the decision was expressed by the president of the Italian Tobacconists Federation Mario Antonelli, according to whom the ruling is confirmation of what the category has been advocating for some time. For lawyers Alessandro Gazzolo and Michele Bonacchi, the verdict may represent a precedent for the sale of monopoly goods.