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Case Details

Case Details
National ID Decision no. 742/2015
Member State Romania
Common Name link
Decision type Court decision in appeal
Decision date 20/04/2015
Court Bucharest Tribunal
Plaintiff Unknown
Defendant Unknown
Keywords B2B, consumer, consumers as professionals

Distance Selling Directive, Article 2, (2)

A limited liability company is a professional, therefore it does not benefit from the specific protection granted by the consumer protection legislative framework.
The defendant, a limited liability company, was sued for non-payment of an invoice and claimed in its defense protection under Government Ordinance no. 130/2000 (transposing Directive 97/7/EC) and Government Emergency Ordinance no. 34/2014.
The court considered that the the defendant is a professional, not a consumer, and as such is not subject to the specific protection granted by Government Ordinance no. 130/2000.
Can a limited liability company benefit from the protection granted to consumers under Government Ordinance no. 130/2000?
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The court rejected the appeal of the defendant.