Portal Europeu da Justiça - Case Law
Fechar

A VERSÃO BETA DO PORTAL JÁ ESTÁ DISPONÍVEL

Visite a versão BETA do Portal Europeu de Justiça e conte-nos a sua experiência!

 
 

Percurso de navegação


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID 1944/11.0TBPBL.C1.S1
Estado-Membro Portugal
Common Name link
Decision type Supreme court decision
Decision date 08/10/2015
Tribunal Supremo Tribunal de Justiça
Assunto
Requerente AA, LDA.
Requerido BB, LDA.
Palavras-chave 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.
Shall a company that purchases a good to be used within the scope of its business activity be regarded as a ‘consumer’?
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.
Full Text: Full Text

No results available

No results available

The court upheld in part the first instance court's judgment.