Court of Justice considers consumer status of commonhold associations (Condominio di Milano, via Meda v Eurothermo SpA)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Natural person
• Extension of protection by national case-law
• Case details

Article summary

Commercial analysis: The Court of Justice has ruled that although a commonhold association is not a ‘consumer’ for the purposes of Directive 93/13/EEC, the Unfair Terms in Consumer Contracts Directive, such an entity may be treated as a ‘consumer’ by the national courts of Member States who have chosen to widen the scope of the protection afforded by Directive 93/13/EEC to such entities. In such cases, the national law intended to transpose Directive 93/13/EEC would apply to a contract between a seller or supplier and a commonhold association.