Display Prices: The Court of Cassation Reaffirms the Obligation of Direct Visibility (Order no. 14826/2025)

In an era where transparency is a fundamental value, especially in commerce, a recent Order from the Court of Cassation clarifies a crucial aspect: the indication of the price of displayed products. With Order no. 14826 of 03/06/2025, the Supreme Court indeed rejected the appeal filed by L. against C., confirming the decision of the Court of Ferrara and reiterating a cornerstone principle for consumer protection and the proper functioning of the market. But what exactly does "direct visibility" mean and why is it so important?

The Regulatory Framework: Transparency and Consumer Protection

The issue addressed by the Supreme Court revolves around the interpretation of Article 14 of Legislative Decree 31 March 1998, no. 114, commonly known as the "Reform of the regulations concerning the trade sector." This norm unequivocally establishes that "products displayed for retail sale in shop windows, at the entrance of the premises, or in the immediate vicinity must clearly and legibly indicate the price." The objective of this provision is twofold: on one hand, to guarantee consumers maximum transparency and the ability to freely compare prices before any purchase; on the other hand, to ensure fair competition among commercial operators, preventing practices that may hinder the customer's free choice.

The Cassation's Decision: When the "Hidden" Price Is Not Enough

In the specific case examined by the Court of Cassation with Order no. 14826/2025, the dispute concerned the method of displaying the price of certain clothing items. The cost was indicated on a tag placed inside the item, making it necessary to handle the item to view it. The Supreme Court, presided over by Dr. M. Bertuzzi and with Dr. P. Papa as rapporteur, confirmed the position of the Court of Ferrara, rejecting the appeal and ruling decisively. Here is the summary that encapsulates the principle expressed:

In matters of trade regulation, the provision of Article 14 of Legislative Decree no. 114 of 1998 – according to which products displayed for retail sale in shop windows, at the entrance of the premises, or in the immediate vicinity must clearly and legibly indicate the price – is violated when the cost is indicated on a tag placed inside the item, in this case, inside clothing items, because such a method, while capable of ensuring the immediate traceability of the price to the item, does not allow for its direct visibility, which the norm intends to guarantee.

As clearly evident from the reasoning, the Cassation did not limit itself to considering the tag's suitability for linking the price to the item, but emphasized "direct visibility." This means that the price must be immediately and effortlessly perceivable by the potential buyer, without the need to touch, open, or move the product. The legislator's intent, now reiterated by jurisprudence, is to allow consumers to evaluate the commercial offer in its entirety, including prices, from the moment of external observation, whether from the shop window or from inside the store.

Practical Implications for Retailers and Consumer Rights

This ruling has significant practical implications for all retail operators. Retailers are required to ensure that the price of each displayed item is not only present but also:

• Clearly visible: The product must not be manipulated to read the price.
• Legible: The font and size of the price must be such as to allow easy reading at a reasonable distance.
• Directly associated: The price must be unequivocally linked to the specific item it refers to.

For consumers, Order no. 14826/2025 strengthens the right to receive complete and immediate information, a fundamental pillar of consumer protection. The ability to compare prices without obstacles is essential for making an informed choice and for preventing unfair or misleading commercial practices. Violation of these provisions may result in administrative sanctions, demonstrating the seriousness with which the legal system protects price transparency.

Conclusions: A Principle Guaranteeing a Fair Market

Order no. 14826 of 2025 from the Court of Cassation does not introduce a new principle but consolidates and clarifies it, providing an authoritative interpretation of Article 14 of Legislative Decree 114/1998. The Supreme Court has reaffirmed the importance of transparency and direct price visibility as an essential tool for consumer protection and for the fairness of commercial relations. This jurisprudential trend serves as a warning to all retailers, urging them to scrupulously observe the regulations on price display, and at the same time offers consumers greater awareness of their rights. For any doubts or need for specific further clarification, it is always advisable to consult legal professionals experienced in commercial law and consumer protection.