Retspraksis

  • Sagsoplysninger
    • Nationalt ID-nr.: H.D. 16. december 1999 i sagerne II 210/1997, II 212/1997, II 276/1997, II 277/1997, II 278/1997 og II 279/1997
    • Medlemsstat: Danmark
    • Almindeligt anvendt navn:N/A
    • Afgørelsestype: Afgørelse fra højesteret
    • Afgørelsesdato: 16/12/1999
    • Retsinstans: Højesteret
    • Emne:
    • Sagsøger: Nielsen and Others
    • Sagsøgt: Sparbank Vest A/S
    • Nøgleord: B2C, cancellation of contract, consumer, consumers as professionals
  • Direktivets artikler
    Unfair Contract Terms Directive, Article 2, (b)
  • Indledende note
    Investors that are regular salaried workers are consumers.
  • Fakta
    The plaintiffs, a group of investors consisting of regular salaried workers, invested in an investment project of a group of brokers, which required the formation of two investment companies. In relation to the formation of the investment companies, the group of brokers took out a loan in a bank, the defendant, on behalf of the investors. The investment companies later had to cease all investment activity, which resulted in the plantiffs suffering a loss.
  • Juridisk spørgsmål
    Are investors that are regular salaried workers consumers in relation to a loan agreement entered into between a group of brokers and a bank on their behalf?
  • Afgørelse

    The court stated that the defendant must have realized that the plaintiffs were not acting in the course of their trade when they entered into the loan agreements. Consequently, the plaintiffs were considered consumers under the law.

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  • Retslitteratur

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  • Resultat
    The plaintiffs had lost the right to void the contracts on the grounds of their consumer status due to passivity and the defendant was therefore acquitted.