European e-Justice Portal - Case Law
Close

BETA VERSION OF THE PORTAL IS NOW AVAILABLE!

Visit the BETA version of the European e-Justice Portal and give us feedback of your experience!

 
 

Navigation path


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID link
Member State Greece
Common Name 3884/2006
Decision type Other
Decision date 01/01/9999
Court Eirinodikeio Athinon (Appellate court, Athens)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 2

A legal person cannot be a consumer
The plaintiff who is a limited company under Greek law and a legal person thus, leased a car for 36 months. The lease was agreed to serve commercial but also other social and private travel of the company’s CEO. At the time of delivery the car had a manufacturing defect of the seat belt which was known to the first defendant (the importer) but which could not be detected by the buyer when receiving the car. The car had an accident where neither the seat belt nor the passenger airbag properly worked. Due to the failure the general mananger and his wife were severly injured. The plaintiff sued the lessor, the owner and the importer to pay the total amount of 150,000 euros in compensation for the harm suffered by injury to the passengers of the car.
The court held that the first instance court correctly applied the consumer definition in Article 1 (4) (a) of the Act 2251/1994 (Consumer Protection Act) in relation to the implementation of the provisions of Article 2 of Act 2251/1994 which transposes the provisions of Directive 93/13/EEC as interpreted by the ECJ in the cases Cape Snc v Ide-alservice Srl (C-541/99) and Idealservice MN RE Sas v OMAI Srl (C-542/99).
Full Text: Full Text

No results available

No results available