Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a)

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.

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.

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?

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.

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Plaintiff's argument based on these provisions was rejected.