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Case detail



Directive article Article 2 (b)
National ID Court of Appeal of Liège, 26 June 2008
Country Belgium Decision date 26/06/2008
Common name Decision type Court decision in appeal
Court Cour d''Appel de Liège Plaintiff(s) SDE SA
Court translation Court of Appeal of Liège Defendant(s) N. Detroz and A.N.R. SPRL
Subject trader
Keywords capacity of tradertrader

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Headnote

A manager or a director of a company can only be considered a "trader" in case he intervenes in his own name, without mentioning the existence of the company he works for.

Facts

The defendant and its manager organised a party using a similar name as the parties previously organised by plaintiff.

The plaintiff filed an injunction against the company and its manager, based on the procedure as laid down in the Belgian Law on commercial practices of 1991.

The manager argued that he could not be considered a trader in the sense of article 1.6 of the Law on commercial practices, so that the injunction procedure could not be started against him.

Legal issue

Can the manager of a company be considered a "trader", against whom injunctions can be ordered pursuant to national consumer protection legislation?

Decision

A manager or a director of a company can only be considered a trader in the sense of article 1.6 of the Law on commercial practices in case he intervenes in his own name, without mentioning the existence of the company he works for.

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FR N/A
NL N/A

Result

The court confirmed the decision in appeal.

Additional information

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