Pravna literatura

Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Unfair Contract Terms Directive, Article 2, (c) Package Travel Directive, Article 2 Package Travel Directive, Article 2 Consumer Rights Directive, Chapter 1, Article 2, (2)

In the Schrems case, the Court of Justice of the EU (hereinafter: Court) answered with a conditional approach the question of whether the fact that a contract is concluded in a digital environment affects the definition of the term “consumer”. The Court in principle sticks to a static approach to the definition of "consumer". However, we should not ignore the everyday reality, in which there may be a real change of purpose (private/professional) use of a particular web application, platform, electronic account, etc. Therefore, certain circumstances of the case justify a more dynamic approach, according to which the consumer may lose his status over a longer period of time, thus no longer entitled to protection under consumer law rules that protect the weaker party to the contract. In the Kamenova case, the Court pointed out that the mere fact that a sale is seeking a profit or that a person publishes several advertisements for the sale of new or used goods on an online platform is not enough to identify that person as a “trader” within the meaning of the relevant directives.