When Online Sellers become Traders

In the case of Kamenova (case C-105/17), the Court of Justice of the European Union (‘CJEU’) was called upon to consider the circumstances in which a seller of goods through an online platform was a “trader” and therefore caught by the Unfair Commercial Practices Directive (‘UCPD’). In his Opinion, delivered on 31 May 2018, Advocate-General Szpunar outlined a number of criteria that had to be taken into account when determining this issue. The criteria include matters such as frequency, the level of profit and the level of organisation. Moreover, the Advocate-General took the view that the term “trader” in the UCPD and in the Consumer Rights Directive had to be given a uniform interpretation. It remains to be seen whether the CJEU adopts the Advocate-General’s views.

Advocate-General Szpunar’s Opinion is available here (albeit not currently in English): http://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-105/17