POTROŠAČ (I) KAO KORISNIK USLUGA U PRAKSI EVROPSKOG SUDA PRAVDE

Abstract

Consumer as a term in the in law of EU is not regulated in one place. It can be found in the most different places in the primary law of EU, in the secondary law of EU, as well as within the legal regulations of collision law of EU. From the view point of the secondary law,primarily, it is possible to claim that there is mainly formulated unique term of consumer in the law of EU. In the harmonization of the term of consumer the essential role was played by the judicial practice of the European Court of Justice. The subject and questions addressed to this Court were, among others whether the consumers status have also small non-profit legal persons, whether in application of regulations concerning consumers protection, in addition to objective criteria are also used subjective ones like knowledge, skill, information possessed by the physical person, whether the legal protection is available also to the persons concluding a consumer agreement with double purpose (within and outside a professional activity), whetter the consumers protection is privided also for the persons represented in the case by a lawyer, whether this protection is also provided for the communities of physical persons who do not possess the capacity of legal person, and others.