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Case Details

Case Details
National ID A4286670
Member State Latvia
Common Name Dalderu ipasumi, LLC (applicant) / Consumer Rights Protection center (respondent)
Decision type Other
Decision date 31/03/2011
Court Administratīvā rajona tiesa (First instance and/or appellate court)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 2

No Headnotes available.
Between Applicant and Client was signed agreement of intent. In accordance with this agreement Client paid to Applicant advance payment for 2 (two) separate apartments. Based on bad economical situation Client rejected Applicant’s offer for apartment’s sale and asked reward advance payment. Applicant decline Client’s request regarding reward of advance payment.
Client informed Consumer Rights Protection center (CRPC) about actions of Applicants. CRPC decided to punish Applicant with penalty.
Applicant goes to Administrative court with application regarding CRPC decision.
Thesis 1: Consumer Rights Protection Law governing relations in transactions in which one side is Consumer;
Thesis 2: Consumer– a natural person who expresses a wish to purchase, purchases or might purchase, or use goods or a service for a purpose, which is not related to his or her economic or professional activity;
Thesis 3: Criterion for the recognition of the transaction governed by consumer rights protection laws are the subject of contract (i.e. natural person who expresses a wish to purchase, purchases or might purchase, or use goods or a service) and not type (nature) of service of purchase;
Thesis 4: Person can be recognize as customer only if there is both criteria- natural person and purchase, or use goods or a service for a purpose, which is not related to his economic or professional activity;
Thesis 5: All disputes related natural person which purchase goods for a purpose, which is not related to his or her economic or professional activity, must be resolved by civil jurisdiction court as standart claim.
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