Sentenza della Corte (Seconda Sezione) del 20 gennaio 2005. Johann Gruber contro Bay Wa AG. Domanda di pronuncia pregiudiziale: Oberster Gerichtshof - Austria. Convenzione di Bruxelles - Art. 13, primo comma - Condizioni di applicazione - Nozione di...Brussels Convention - Article 13 • May 20th, 2024
The concept of 'consumer' for the purposes of the first paragraph of Article 13 and the first paragraph of Article 14 of the Brussels Convention must be strictly construed, reference being made to the position of the person concerned in a particular contract, having regard to the nature and aim of that contract and not to the subjective situation of the person concerned, since the same person may be regarded as a consumer in relation to certain supplies and as an economic operator in relation to others. Only contracts concluded outside and independently of any trade or professional activity or purpose, solely for the purpose of satisfying an individual's own needs in terms of private consumption, are covered by the special rules laid down by the Convention to protect the consumer as the party deemed to be the weaker party.
