• Informations concernant l’affaire
    • ID national: District Court of Luxembourg, Judgement TAL-2017-00064
    • État membre: Luxembourg
    • Nom commun:N/A
    • Type de décision: Décision de justice, premier degré
    • Date de la décision: 08/11/2017
    • Juridiction: Tribunal d’arrondissement de Luxembourg
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: B2B, B2C, misleading advertising, service contract, unfair commercial practices, unfair competition
  • Articles de la directive
    Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 1, Article 3, 1. Unfair Commercial Practices Directive, Chapter 1, Article 4 Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.
  • Note introductive

    Business practices related to consumer protection are defined as "Any action, omission, conduct, approach or commercial communication, including the advertising and marketing, from a professional, in direct relation to promotion, the sale or supply of a product to consumers." To be considered as a consumer, "any natural person who acts for purposes which do not fall within the scope of its commercial, industrial, craft or liberal activity ".

    In the absence of evidence that a website specifically targets or affects a consumer, the activity cannot be qualified as a commercial practice within the meaning of the Consumer Code.

    Relevance: Determines whether a commercial activity falls within the scope of the Directive on unfair commercial practices and highlights the distinction between the definition of consumers and business.

  • Faits

    A web platform approaches clients and service providers in the field of organisation of events, such as the rental of rooms for meetings,  conferences, and seminars. A former company employee created his own company which operates a very similar website also offering a connecting platform between service providers and clients.

    Based on the Directive on unfair commercial practices, the plaintiff requests the termination of the website based on articles L.122-1 et seq. of the Consumer code.

  • Question juridique

    Are unfair competition practices among traders covered by the Directive on unfair commercial practices?

  • Décision

    A practice which only affects the economic interests of competitors or which concerns a transaction between professionals is not an unfair commercial practice delimited in the framework of the Directive on unfair commercial practices. A competitor, victim of such a practice can no longer  prompt legal action on the merits based on the Directive.

    URL: https://justice.public.lu/fr/jurisprudence/juridictions-judiciaires.html?q=00064

    Texte intégral: Texte intégral

  • Affaires liées

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  • Doctrine

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  • Résultat

    Through this judgement, the Court establishes its jurisdictional competence on the basis of articles L.121-1 to L.122-7 of the Consumer Code related to unfair commercial practices. It follows that the judge seized on the basis of this provision is only materially competent to know practices of unfair commercial practices between traders and consumers. Hence, the judge seized must declare materially incompetent to rule on this case.