Case law

  • Case Details
    • National ID: 105451 / KG ZA 10 - 252
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 20/01/2011
    • Court: District court Roermond
    • Subject:
    • Plaintiff: Allround Company Support V.O.F.
    • Defendant: Dutch Jewelz B.V., Dutch Designz B.V.
    • Keywords: B2C, general scope of the UCP Directive
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a)
  • Headnote
    Legal provisions in national law implementing the UCP Directive, cannot be applied in a business-to-business ("B2B") context. Their scope is limited to a business-to-consumer ("B2C") environment.
  • Facts
    Plaintiff, a manufacturer and trader of jewellery, claimed that the defendants, also active in the jewellery business, infringed plaintiff's copyrights by trading in identical and/or similar jewellery than those manufactured by plaintiff.

    As a legal ground, plaintiff inter alia invoked section 3A of book 6 of the Dutch Civil Code, which implements the UCP Directive.

     
  • Legal issue
    Referring to the preparatory acts of the implementation, it was held by the court that the provisions set forth in section 3A of book 6 of the Dutch Civil Code do not apply to a "B2B" environment. These legal provisions can be invoked only in a "B2C" environment.
  • Decision

    Do the provisions set forth in section 3A of book 6 of the Dutch Civil Code, which implements the provisions of the UCP Directive, apply to commercial practices between companies, i.e. in a "B2B" environment?

    URL: http://www.boek9.nl/?//Munten+en+schijven////27694/

    Full text: Full text

  • Related Cases

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  • Result
    Plaintiff's argument based on these provisions was rejected.
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