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.

 

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.

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?

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Plaintiff's argument based on these provisions was rejected.