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Case detail



Directive article Article 2 (a)
National ID Court of Appeal Antwerp, 30 June 2009
Country Belgium Decision date 30/06/2009
Common name Decision type Court decision in appeal
Court Hof van Beroep Antwerpen Plaintiff(s) BVBA De Keukeleire Gebroeders
Court translation Court of Appeal Antwerp Defendant(s) K.A.A.S.
Subject consumer
Keywords consumer

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Headnote

Any professional use of a good or service, even if to a very limited degree only, excludes a qualification as a consumer.

Facts

The plaintiff, a building constructor, bought a second-hand van from the defendant. The van was (mainly) intended for plaintiff's commercial activities. The plaintiff discovered the van to be seriously damaged and claimed reparation costs from the defendant. The claim was founded, inter alia, on the Belgian Law on commercial practices, as the plaintiff claimed he bought the van in his capacity of consumer.

Legal issue

Can a trader, using goods or services for professional purposes, even if to a very limited degree only, be considered a consumer? 

Decision

The court held that the notion "consumer" has a very strict interpretation. Any professional use of a good or service acquired on the market, even if to a very limited degree only, excludes the qualification as a consumer.

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Result

The court denied application of the Belgian Law on commercial practices as the plaintiff could not be considered a consumer.

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