Article 2 (a)
||National ID||Court of Appeal Antwerp, 30 June 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.|
+ Expand all
Any professional use of a good or service, even if to a very limited degree only, excludes a qualification as a consumer.
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.
Can a trader, using goods or services for professional purposes, even if to a very limited degree only, be considered a consumer?
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.
|URL Decision||Decision full text|
The court denied application of the Belgian Law on commercial practices as the plaintiff could not be considered a consumer.
|There is no events for this case.|
|National ID||Common Name||Subject||Country||Link type|
|There is no related cases for this case.|
|There is no Legal Literature for this case.|