The company of former laughing gas king Deniz Üresin has to pay a million euros to the municipality. The municipality was allowed to impose this penalty because the company sold laughing gas on the street without a permit. The court finds that.
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Under the name Ufogas, Üresin offered laughing gas on the street and online. Although this would normally require a permit, Üresin claimed he did not need it because he was legally a delivery person.
Because the municipality found in the summer of 2019 that there was too much nuisance from laughing gas sellers in the city center, Üresin was summoned to stop the sale. The municipality initially imposed a penalty of up to 100,000 euros, but because Üresin continued with the sale, this amount was increased to a total of one million euros due to various violations. The company of Üresin then took a case.
Waiting
The central question was whether Üresin’s practices fall under “peddling”, as peddling is prohibited without a permit. According to the definition from the General Local Regulation, peddling is street trading. Trade is understood to mean keeping in stock, displaying, offering for sale and selling goods. The salesmen of the company were found with gas bottles and were preparing the balloons on the spot.
The court therefore agrees with the municipality that this is a case of peddling. Because the company of Üresin did not comply with the claim of the municipality, the penalty payments were therefore rightly imposed in the eyes of the court.
Appeal
In a response, Üresin announced that he would appeal against the decision. He says that he has been acquitted by the subdistrict court in a number of other cases. He therefore thinks that he will also be successful by the administrative judge on appeal.
Incidentally, Üresin has now renounced laughing gas: nowadays he is committed to drawing attention to the dangers of laughing gas.
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