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COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Whether a seller qualifies as a ‘trader’ or a consumer must be assessed on a case-by-case basis. In the Kamenova case, a person had published a total of eight sales advertisements for various new and second-hand goods on a website (117). The Court noted that the mere fact that the sale is intended to generate profit or that a natural person publishes, simultaneously, on an online platform a number of advertisements offering new and second-hand goods for sale cannot suffice, by itself, to classify that person as a ‘trader’. The determination of the status by the national court must take into account different non-exhaustive and non-exclusive 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.