sec_1_1__para__8

In case C-105/17 Kamenova (11) , the Court noted that the concept of ‘trader’ is defined almost identically in both the CRD and the Unfair Commercial Practices Directive 2005/29/EC of the European Parliament and of the Council (12) (hereinafter referred to as ‘UCPD’) and thus must be interpreted uniformly. Relying on the case law developed under the UCPD, the Court interpreted the notion of ‘trader’ broadly considering that it must be determined in relation to the related but diametrically opposed concept of ‘consumer’. In relation to a trader, the consumer is in a weaker position, and he/she must be deemed to be less informed, economically weaker and legally less experienced than the other party to the contract. Classification as a ‘trader’ requires a case-by-case assessment of the, taking into account the following indicative criteria:

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.