Art. 7:5 Sec. 4 BW implements art. 1 Sec. 4 of the Directive 99/44/EC and was added to the Dutch Civil Code on 6 March 2003. This provision states that in case a contract concerns delivery of consumer goods that are to be manufactured or produced it should be considered as a consumer sale contract. The court states here that the Directive requires that it should be applied to a delivery of consumer goods within a scope of any contract, even a contract for work, as in this case. Moreover, in case both rules on contract for work (or services) and on consumer sale are applicable, then the rules of consumer sale prevail over the ones regulating performance of work (or services). This means that art. 7:28BW is applicable and the claim for payment of purchase price may not be enforced anymore.