Doctrină

Consumer Sales and Guarantees Directive, Article 1, 2. Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 2 Consumer Rights Directive, Chapter 1, Article 2, (1) Consumer Rights Directive, Chapter 1, Article 2, (2)

The study explores the levels that can be signalled between the category of consumer and that of the genuine professional, in terms of the binary classification still exclusively practiced under domestic law (without introducing into the equation the third protagonist, the non-professional, who would not be judicially treated as a genuine consumer). The boundaries of the notion of consumer are not easy to decipher in all practical hypotheses; nevertheless, based on the considerations set out in recent CJEU case law, it should be noted that the metamorphosis of the consumer into a professional is unlikely to occur, beyond any numerical threshold of transactions, regardless of their volume or their repetitive nature, decisively proving to be solely the extraprofessional purpose of the contract, and not the level of familiarity reached by the contracting party regarding the legal implications of a certain type of contract.