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Case Details

Case Details
National ID 3K-3-156/2007
Member State Lithuania
Common Name link
Decision type Supreme court decision
Decision date 06/04/2007
Court Supreme Court of Lithuania
Subject
Plaintiff L. K.
Defendant AB SEB Vilniaus bankas
Keywords B2B, consumer, contract law, contract relating to immovable property

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

The real estate sale – purchase agreement concluded between a legal person and a natural person shall not be qualified as a consumer agreement.
The Plaintiff applied to the Court of Vilnius Commercial Arbitration and asked the court to recognise that a preliminary real estate sale – purchase agreement, concluded with the Defendant, was a main real estate sale – purchase agreement and to establish the order for performance of rights and duties of the parties to the agreement. The Court of Vilnius Commercial Arbitration rejected the Plaintiff’s claim as ungrounded, the Plaintiff therefore applied to the court of a general competence claiming that a real estate sale – purchase agreement concluded with a natural person should be considered as a consumer agreement and thus any disputes arising out of a consumer agreement must not be decided by the court of arbitration.
Considering that the Plaintiff, a natural person, did not prove that he had concluded the agreement with the purpose of his business, commerce, trade or occupation (Article 1 point 1 of Directive 1999/44) as well as the fact that consumer agreements can only be concluded for objects of movable property, the court concluded that in such a case the real estate sale –purchase agreement may not be qualified as a consumer agreement.
Shall a real estate sale – purchase agreement concluded between a legal person and a natural person be considered as a consumer agreement?
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The claim was dismissed.