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Case detail



Directive article Article 3 1.
Annex I al1 14.
National ID Supreme Court, 20 May 2008
Country Belgium Decision date 20/05/2008
Common name Decision type Supreme court decision
Court Hof van Cassatie / Cour de Cassation Plaintiff(s) ACN Communications Belgium bvba
Court translation Supreme Court Defendant(s)
Subject pyramid scheme
Keywords B2BB2C

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Headnote

A legal provision that applies to both a B2C and B2B context, must not be interpreted in accordance with the UCP Directive when applied in a B2B context.

Facts

The plaintiff filed a Supreme Court appeal against the decision of the Antwerp Court of Appeal in which a certain definition of pyramid selling was given.

The plaintiff argued that the proposed definition of pyramid selling was not in accordance with the purposes of the UCP Directive. According to the plaintiff, pyramid selling is only prohibited when the participants of the selling network have a chance of gaining profit through the extension of the network, rather than through the actual selling of the products or services.

The legal proceedings occurred in a business-to-business ("B2B") context.

Legal issue

Must a national provision that applies to both the B2B and B2C context, be interpreted in accordance with the purposes of the UCP Directive, when applied in a B2B context?

Decision

According to the Belgian Supreme Court, recital 6 and article 3.1 of the UCP Directive clearly state that the Directive only applies to unfair business-to-consumer ("B2C") commercial practices, and does not apply to business-to-business ("B2B") commercial practices.

The legal provision in question applied both to a B2C and B2B relationship.

The Supreme Court held ithat this provision, when applied in a B2B context, must not be interpreted in light of the purposes of the UCP Directive.

  URL Decision Decision full text
EN N/A
FR http://jure.juridat.just.fgov.be/ Click here
NL http://jure.juridat.just.fgov.be/ Click here

Result

The Supreme Court appeal was rejected

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