Asunto C-485/17: Sentencia del Tribunal de Justicia (Sala Octava) de 7 de agosto de 2018 (petición de decisión prejudicial planteada por el Bundesgerichtshof — Alemania) — Verbraucherzentrale Berlin eV / Unimatic Vertriebs GmbH (Procedimiento prejudicial — Protección de los consumidores — Directiva 2011/83/UE — Artículo 2, punto 9 — Concepto de «establecimiento mercantil» — Criterios — Contrato de compraventa celebrado en el stand de un comerciante durante una feria comercial)
Section | Diario Oficial |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
1.10.2018 ES Diario Oficial de la Unión Europea C 352/14
Lengua de procedimiento: alemán
Bundesgerichtshof
Demandante: Verbraucherzentrale Berlin eV
Demandada: Unimatic Vertriebs GmbH
El artículo 2, punto 9, de la Directiva 2011/83/UE del Parlamento Europeo y del Consejo, de 25 de octubre de 2011, sobre los derechos de los consumidores, por la que se modifican la Directiva 93/13/CEE del Consejo y la Directiva 1999/44/CE del Parlamento Europeo y del Consejo y se derogan la Directiva 85/577/CEE del Consejo y la Directiva 97/7/CE del Parlamento Europeo y del Consejo, debe interpretarse en el sentido de que un stand, como el controvertido en el litigio principal, explotado por un comerciante en una feria comercial y en el que este ejerce sus actividades durante unos días al año, constituye un «establecimiento mercantil», en el sentido de esta disposición, siempre que, habida cuenta de todas las circunstancias de hecho que rodean a esas...
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