Defendant decided earlier to dismiss a legal action of the plaintiff, because the plaintiff is not considered a participant of process because of his legal nature (society) according to the national laws. However, the plaintiff stated that a society should be allowed to be a participant of process according to the Directive 2009/22/EC and that this directive is not duly implemented and not duly applied by Czech authorities. The protection of the consumer is still ensured according to the Directive 2009/22/EC, because the consumer can still use the legal action.