• Informações sobre o processo
    • ID nacional: Supreme Administrative Court, Judgement 02374/14.7BELSB
    • Estado-Membro: Portugal
    • Designação comum:N/A
    • Tipo de decisão: Decisão do Supremo Tribunal
    • Data da decisão: 28/01/2020
    • Tribunal: Supremo Tribunal Administrativo
    • Assunto:
    • Requerente:
    • Requerido:
    • Palavras-chave: Consumer rights, contract law
  • Artigos da diretiva
    Consumer Rights Directive, Chapter 1, Article 2, (1)
  • Nota introdutória

    The Decree-Law no. 24/2014, of 14 February, transposed into the Portuguese national law the Directive no. 2011/83/EU and amended, for the 4th time, the Consumer Protection Law (Law no. 24/96, of 31 July), discounting the rectification.

    In accordance with the provisions of the CPL, the STA decided not to accept the revision of the decision of the TCA which had determined that the compensation claimed as a result of the damage suffered by the applicant's vehicle, which was parked in a park of the defendant, was covered in a contract entered into between them. It was held that if the applicant uses the parked vehicle in his professional activity, he cannot be regarded as a consumer and, consequently, he must make use of the protection provided for in Article 12/1 of Law 24/96, as currently worded.

  • Factos

    A conviction has been sought for the payment of a certain amount for the damage caused to the vehicle parked by the plaintiff in the defendant’s parking lot.

    The TAC upheld the action and ordered payment of the sum claimed, together with default interest at the legal rate from the summons to the time of full payment.

    The South TCA, to which the defendant appealed, upheld the action, revoked the contested decision, dismissed the action and acquitted it from the claim.

    It is from this judgement that the plaintiff appealed to the Supreme Administrative Court.

  • Questões jurídicas

    When a vehicle intended for professional use is stationary, can it be regarded as being for non-professional use, giving the user the status of consumer?

  • Decisão

    A consumer is deemed to be anyone to whom goods, services, or any rights, intended for non-professional use, are supplied by a person engaged in a business activity with the intention of obtaining benefits.

    Goods, services and rights supplied, provided and transmitted by the Public Administration, by public legal persons, by companies with public capital or majority held by the State, autonomous regions or local authorities and by companies concessionaires of public services, shall be deemed to be included in the scope of this law.

    The purpose of the use of the property compromises the quality of its user, regardless of whether the vehicle in question is parked or not.

    URL: http://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/6b7f1afcaf98c27880258500004fec22?OpenDocument&ExpandSection=1#_Section1

    Texto integral: Texto integral

  • Processos conexos

    Sem resultados disponíveis

  • Bibliografia jurídica

    Sem resultados disponíveis

  • Resultado

    The Court upheld the Second Instance Court judgement.

    Through this judgement, the Court considered that the purpose of the use of the property is what establishes the quality of its user as a consumer or not.