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Case Details

Case Details
National ID n. 15531
Member State Italy
Common Name Gaia s.r.l. c. (avv. Molendi, Fortunato) c. Caffè-Galleria di A. & C. s.a.s.
Decision type Other
Decision date 14/07/2011
Court Corte di cassazione (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 2

Consumer protection - Consumer - Meaning of "consumer - consumatore" and "professional - professionista"
In this case, the court of Mailand applied the disposition of Codice del Consumo on a contract concluded between two companies.
According to the general definition of the Consumer Code, one can only consider natural persons as consumer, thus excluding companies.
The natural person who carries on business or profession may be regarded as mere “consumer” when he concludes a contract to the satisfaction of the demands of everyday life. In fact, a “professional” is to be understood as the contracting party (persona fisica o giuridica) which instead uses the contract as part of his business or profession. To be understood as “professional” it is sufficient that the contract purposes are related to the profession or the business.
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