TRGOVAC KAO PRUŽALAC USLUGA POTROŠAČU – NEKA OTVORENA PITANjA

Abstract

Some issues, that is concepts of consumer law seem indisputable, like "the concept of a trader". However, the practice of both national courts and the Court of Justice of the European Union sometimes denies this fact. The reason for this denial stems from the lack of a clear understanding and application of the concept of a trader, which is a basic concept for exercising consumer rights. The concept of " trader " (as a consumer contracting party), by the way, is based on two elements (cumulatively): the trader may be a natural or legal person (the first), who acts for purposes related to his trade, business, craft or professional activity, i.e. on behalf of or for the trader 's account (second). For this reason, some "open" questions were highlighted and analyzed in the paper: whether a natural person who advertises on the Internet and offers for sale new and/or used goods (or services) can be considered a "trader"; whether a public legal entity can qualify as a "trader"; whether a non-profit educational institution can be considered a "trader".