Apple is in a legal battle against the National Consumer Secretariat (Senacon) which aims to decide the future of selling cell phones without a charger in Europe. Last Monday (21), after the prohibitive decision on the sale of devices in the country — which led to cases of apprehension of iPhones in the Federal District — the dispute gained a new chapter.
Diego Câmara Alves, judge of the 17th federal court of the Judiciary Section of the Federal District (SJDF), approved a writ of mandamus that allows the sale of cell phones without the charger included in the box at Apple’s request. The information was obtained from court documents on the website MacMagazine last Wednesday (23).
According to the magistrate, the decision issued by Senacon violates impartiality and may be classified as “abuse of power” by applying the legislation only to Apple, since other cell phone manufacturers – including Samsung – also removed the charger from among the included accessories. in the box of your smartphones.
The note also points out that this practice extends beyond the cell phone market, and it is possible to find other electronic products without the accessory included in the sale, therefore, there is no illegal practice or violation of guaranteed consumer rights by Apple.
The judge also mentions article 4 of the Economic Freedom Law (Law No. 12,874 of 2019), which deals specifically with the guarantees of free enterprise, which “imposes the need for isonomic treatment” by the economic administration, to argue against the decision from the secretariat after the accusations of tying sales.
In a note to MacMagazinea Apple Brasil maintained the argument that its commercial operations “are in compliance with local regulations” and reiterated that the decision to remove the charger from the box of all iPhone 12, iPhone 13 and iPhone 14 models is part of its sustainable commitment to be carbon neutral by 2030.
At Apple, we consider our impact on people and the planet in everything we do. Power adapters represented our largest use of zinc and plastic, and eliminating them from the box helped reduce more than 2 million metric tons of carbon emissions — the equivalent of removing 500,000 cars from the road each year.
Apple Europe
The manufacturer adds that “there are billions of power adapters in use around the world” that consumers can use to charge their smartphones. For those who do not have the accessory, it is necessary to purchase it on the Apple website for BRL 219.
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