Case law

  • Case Details
    • National ID: 3K-3-156/2007
    • Member State: Lithuania
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 06/04/2007
    • Court: Supreme Court of Lithuania
    • Subject:
    • Plaintiff: L. K.
    • Defendant: AB SEB Vilniaus bankas
    • Keywords: B2B, consumer, contract law, contract relating to immovable property
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 1, 2., (a)
  • Headnote
    The real estate sale – purchase agreement concluded between a legal person and a natural person shall not be qualified as a consumer agreement.
  • Facts
    The Plaintiff applied to the Court of Vilnius Commercial Arbitration and asked the court to recognise that a preliminary real estate sale – purchase agreement, concluded with the Defendant, was a main real estate sale – purchase agreement and to establish the order for performance of rights and duties of the parties to the agreement. The Court of Vilnius Commercial Arbitration rejected the Plaintiff’s claim as ungrounded, the Plaintiff therefore applied to the court of a general competence claiming that a real estate sale – purchase agreement concluded with a natural person should be considered as a consumer agreement and thus any disputes arising out of a consumer agreement must not be decided by the court of arbitration.
  • Legal issue
    Considering that the Plaintiff, a natural person, did not prove that he had concluded the agreement with the purpose of his business, commerce, trade or occupation (Article 1 point 1 of Directive 1999/44) as well as the fact that consumer agreements can only be concluded for objects of movable property, the court concluded that in such a case the real estate sale –purchase agreement may not be qualified as a consumer agreement.
  • Decision

    Shall a real estate sale – purchase agreement concluded between a legal person and a natural person be considered as a consumer agreement?

    URL: http://eteismai.lt/byla/166340272903120/3K-3-156/2007

    Full text: Full text

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  • Result
    The claim was dismissed.