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Case Details

Case Details
National ID 1944/11.0TBPBL.C1.S1
Member State Portugal
Common Name link
Decision type Supreme court decision
Decision date 08/10/2015
Court Supreme Court of Justice
Subject
Plaintiff AA, LDA.
Defendant BB, LDA.
Keywords consumer, guarantee, sales contract

Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 1, 2., (a)

A company that purchases a good to be used within the scope of its business activity shall not be regarded as a ‘consumer’, in accordance with article 1(2) Directive 1999/44/EU of 25 May.
The plaintiff purchased self-levelling mortar to the defendant to be used in a work awarded by the plaintiff in Germany. Following the use of the purchased good, the plaintiff considered the good to be defective and claimed compensation.
The court considered that the plaintiff should not be regarded as a ‘consumer’ in accordance with article 1(2) Directive 1999/44/EU. This was based on the fact that the purchase of the good was made by a company within the scope of its business activity.
Shall a company that purchases a good to be used within the scope of its business activity be regarded as a ‘consumer’?
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The court upheld in part the first instance court's judgment.