«Three hundred thousand Italian citizens flocked to help children suffering from cancer, for whom some gentlemen had promised that they would donate money for research if the pandori were purchased». Thus began the online press conference called by Codacons, the Association of Users of Radio and Television Services and Adusbef, to «illustrate the ruling of the Court of Turin» on the affair of the Pandoro of Balocco di Fossano designed by Chiara Ferragni. In which “a portion of the proceeds from the purchase should have been allocated to a machine for the Regina Margherita hospital, aimed at research and treatment of cancer children”. Journalists and consumers (who bought the «Pink Christmas» sweet) connected to the meeting from all over Italy.
«We have also invited the company and Chiara Ferragni – they said from Codacons – and if they are there we invite them to intervene». Appeal unsuccessful.
It should however be remembered that, in a note released on Tuesday evening, Balocco Spa had specified «that the decree of the Civil Court of Turin rejected the request of some consumer associations (Codacons, Adusbef and Assourt) to pay one million and 500,000 euros as compensation of the damage as part of the “Pandoro Pink Christmas” operation. The company reserves the right to lodge a complaint in the appropriate forums against the decree for the part in which, with a partial investigation, the Court limited itself to taking up the content of the Agcm’s decision already contested by Balocco Spa. before the Regional Court of Lazio”.
From the press conference, again: «The Turin court does not object so much to the price of the pandoro itself, as the market is free, but to the fact that the price with the promotional label and sponsorship was 2.5 times higher than that of the simple product. And the Milan Prosecutor’s Office is investigating this.”.
Then the reasons for the appeal that Codacons and the other associations intend to propose: «Balocco must spontaneously pay those 1.5 million, sending them to the hospital for research into new treatment systemsas was intended. We don’t want to punish anyone, but to ensure that what people have donated for the humanitarian reasons indicated in the campaign is given to Regina Margherita».
The president of Codacons, Carlo Rienzi: «If Balocco doesn’t appeal, we will. For the 5.69 euro difference between the traditional product and the sponsored one. To be paid to the children’s hospital. Consumers find the forms on our site.”
Antonio Tanza, for theAdusbef: «If there is no appeal within the eight days that still remain before the deadline, we will do it. The solidarity system is fundamental in Italy, therefore it must be credible. Indignation pushes us to act. To the point of breaking a lance against Ferragni, who, once the boil burst, paid a million to the hospital.” The three associations: «We are not asking for compensation for damages, but we want to relaunch a credible solidarity system. We hope that Balocco, who did not reach an amicable solution to the case without going to trial, as the court tried to do, postponing the hearing twice, review your behavior. And that you pay the sum spontaneouslyinstead of spending money on lawyers, trials and appeals.”
The technical analysis of the lawyers: «In court we will ask that the omissive behavior of the company ceases, that is, in practice, that it stops not paying that money to the hospital for sick children». It’s still: «If you promise to give a part and you don’t do it, it is an illicit omission. The request is not compensation, but respecting a commitment made. Codacons has the duty to pave the way for consumers who have no way or possibility to act on their own.”
The replica of Balocco Spa
In the afternoon, Balocco Spa’s reply. «Balocco SpA chose not to participate in the web press conference held this morning, considering it demagogic to discuss the “Pandoro Pink Christmas” affair in a virtual arena, which is also pending litigation before the ‘Judicial Authority – we read in the press release -. The company also rejects the declaration of Codacons, Adusbef and the Association of Radio and Television Services Users, in which it fears an appeal to the decree of the Court of Turin if the company “does not compensate with a spontaneous gesture the users deceived by the case of the pandoro pink Christmas and did not make a donation to the Regina Margherita hospital in Turin””. And again: «Balocco specifies that it has always supported and still supports numerous projects in which it has been directly involved by institutions, local entities and third sector associations, and reiterates that any decision to donate or make donations in favor of third parties cannot succumb to an imposition or exploitation, in the context of a very complex legal matter. Nor can it be the subject of litigation promoted by subjects, such as the associations to which it responds, who have no right to make such claims, as correctly highlighted by the Court of Turin which rejected the unfounded injunction and compensation claims”. To conclude: «The company is considering challenging the decree, as it is partly unfair, based on a partial investigation, which follows the equally unfair provision of the AGCM and as such has already been challenged before the TAR of Lazio».
