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Case C-105/17: Judgment of the Court (Fifth Chamber) of 4 October 2018 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Komisia za zashtita na potrebitelite v Evelina Kamenova (Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Article 2(b) and (d) — Directive 2011/83/EU — Article 2(2) — Concepts of ‘trader’ and ‘commercial practices’)
ECLI:EU:UNKNOWN:62017CA0105
62017CA0105
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Official Journal of the European Union
C 436/9
(Case C-105/17) (1)
((Reference for a preliminary ruling - Consumer protection - Directive 2005/29/EC - Article 2(b) and (d) - Directive 2011/83/EU - Article 2(2) - Concepts of ‘trader’ and ‘commercial practices’))
(2018/C 436/09)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: Komisia za zashtita na potrebitelite
Defendant: Evelina Kamenova
Other party: Okrazhna prokuratura — Varna
Operative part of the judgment
Article 2(b) and (d) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) and Article 2(2) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council must be interpreted as meaning that a natural person, such as the defendant in the main proceedings, who publishes simultaneously on a website a number of advertisements offering new and second-hand goods for sale can be classified as a ‘trader’, and such an activity can constitute a ‘commercial practice’, only if that person is acting for purposes relating to his trade, business, craft or profession, this being a matter for the national court to determine, in the light of all relevant circumstances of the individual case.
(1)
Language of the case: Bulgarian
* * *
(1) Language of the case: Bulgarian.