Wine Law

BRIEF NOTES ON VENEZUELAN WINE LAW 525 focused on a commercial policy that has tended to point to merchants as the culprits of certain ills in the economy (inflation, shortage of goods and services, quality defects and so on), which are rather linked with state interventionism that has prevented the free play of market forces, through the establishment of strict economic controls. However, since this Law is the only regulation in force in Venezuela, it will be examined in this paper so to determine the effective protection that a wine consumer may have. First, the Law does not define who is to be characterised as a consumer. Nevertheless, considering the evolution of Venezuelan Law, reflected in some decisions of the Supreme Court 73 , a consumer shall be considered, further on, as a final recipient of goods – in this case, wine –, thus excluding from the consumer’s protection rules any person who acquired a certain amount of wine with the intention of reselling it. Presently, the Law on Fair Prices, precariously following constitutional guidelines, recognises in its Article 7 74 , a catalogue of rights enjoyed by 73 See, among other decisions, Supreme Court of Justice, Political and Administrative Chamber, Decision No. 0069, 11 February 2015, in: http://historico.tsj.gob.ve/decisiones/spa/febrero/174153-00069-11215- 2015-2011-0424.HTML; Supreme Court of Justice, Political and Administrative Chamber, Decision No. 0706, 17 June 2015, in : http://historico.tsj.gob.ve/decisiones/spa/junio/178569-00706-17615-2015-2014- 1375.HTML; and Supreme Court of Justice, Political and Administrative Chamber, Decision No. 0707, 17 June 2015, in : http://historico.tsj.gob.ve/decisiones/spa/junio/178569-00706-17615-2015-2014- 1375.HTML. 74 “The consumers have rights to: 1. The protection of their life, health, and safety in the access to goods and services, as well as the satisfaction of fundamental needs and access to basic services. 2. That public and private providers offer competitive goods and services of the highest quality, and to choose them freely. 3. Receive basic services of the highest quality. 4. Adequate, truthful, clear, timely and complete information on the goods and services offered in the market, as well as their prices, characteristics, quality and other relevant aspects thereof, including the risks that may arise from their use or consumption. 5. Protection against false, misleading, or abusive advertising and coercive or unfair commercial methods. 6. Education in the acquisition of goods and services, aimed at promoting responsible consumption and the adequate dissemination of their rights. 7. Repair and compensation for damages, deficiencies and poor quality of goods and services. 8. Access to effective mechanisms for the administrative protection of their rights and interests, which lead to the adequate prevention, sanction and timely reparation thereof. 9. The promotion and legal protection of their economic and social rights and interests in transactions carried out, by any means or technology. 10. Protection in standard term contracts that are disadvantageous or injure their rights or interests. 11. Withdraw or desist from the complaint and conciliation in matters of interest, provided that collective interests are not affected. 12. Protection in credit operations.