Case law

  • Case Details
    • National ID: 171/2002
    • Member State: Spain
    • Common Name:“C.S.I.-C.S.I.F” v “G.T.A.P., S. L.”
    • Decision type: Other
    • Decision date: 31/10/2002
    • Court: Audiencia Provincial (Appellate court, Teruel)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 2
  • Headnote
    1. A trade union may be treated as a “consumer” pursuant to the definition provided, by remission of Law 26/1991 on doorstep selling, in article 1 of Law 26/1984 on the protection of consumers and users, because such organizations do not engage in business activities and because the object of the contract is not reintegrated in the actual course of its activities.
    2. Spanish Law 26/1991 treats legal entities as consumers, in contrast to Directive 85/577/EC which excludes them.
  • Facts
    A civil servants trade union hired a company to provide certain advertising services. The corresponding contract was signed on 21 March 2000. The trade union then tried to declare the contract null and void in accordance with the provisions contained in Law 26/1991 on doorstep selling. The defendant company challenged this decision because it considered that the trade union could not be treated as a “consumer” in order for this law to be applicable to it. The court accepted the trade union’s claim.
  • Legal issue
    Law 26/1991 applies to contracts between entrepreneurs and consumers; the latter are defined in accordance with the definition contained in the General Consumer and Users Protection Law (Law 26/1984). According to article 1.2 of this law, consumers are individuals and legal entities that purchase, use or enjoy, as end users, goods or services. This definition (article 1.3) does not include individuals or entities that, without being end users, purchase, use or consume goods or services in order to reincorporate them in production, processing or marketing processes or in services to third parties. The same exclusion in respect of the definition of consumers has been applied by the Spanish Supreme Court to persons reincorporating goods and services acquired in the course of business or professional activities (Spanish Supreme Court judgements of 17 July 1997, 17 March 1998, 18 June 1999 and 16 October 2000).

    According to both regulations trade unions can be treated as consumers: “firstly, because these are associations with independent legal statuses whose overriding function is to serve as a channel for the exercise of trade union freedoms by promoting and protecting workers’ social and economic interests (article 1 of Organic Law 11/1985), and which are, by no means, equivalent to the professional or business processes of production, processing and marketing and services rendered to third parties”; and, secondly, because in this case the buyer does not only perform these types of activities but also because the contracted advertising is not significantly incorporated within the actual scope of its activity”.
  • Decision

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result