Case law

  • Case Details
    • National ID: 15-13.236
    • Member State: France
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 01/06/2016
    • Court: Supreme court
    • Subject:
    • Plaintiff: Société Protectrice des Animaux (SPA)
    • Defendant: Unknown
    • Keywords: consumer, scope of the Directive
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    When a trader acts for a purpose which is not part of its commercial, industrial, liberal or agricultural activity, it cannot be defined as a professional within the meaning of the French Consumer Code.
  • Facts
    An animal protection association donated dogs to the Defendant under the condition that he will not sell them without the association's prior consent. The dispute arose following the defendant's failure to meet this obligation.
  • Legal issue
    Considering that donating dogs was outside the scope of the association's business purpose, the association did not act as a professional within the meaning of the French Consumer Code.
  • Decision

    Does a trader, acting outside of its business purpose, act as a professional within the meaning of the French Consumer Code?

    URL: https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000032635731&fastReqId=1958012945&fastPos=1

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The court dismissed the appeal.