On the distinction between consumers and entrepreneurs in Directive 2005/29/EC and Directive 2011/83/EU 

The petitioner calls on the Parliament to amend Directive 2005/29/EC on Unfair Commercial Practices and Directive 2011/83/EU on Consumer Rights in order to better distinguish among the terms: “consumer”, “trader” and “entrepreneur” in case of online trade of second-hand items sold from private households. The petitioner claims that, as in recent years there has been a serious increase in online sale of items from private households, the definition of consumers and entrepreneurs should be better clarified in EU law. He alleges that private sellers fall victim to legal warnings, and are even sued in court by traders, for selling many items online and not meeting the requirements of the two Directives. Thus, he calls on the Parliament to: a) clarify in the Directives 2005/29/EC and 2011/83/EU that private individuals who sell items from private household are not “traders” nor “entrepreneurs”; b) supplement Directive 2005/29/EC in such a way that in the event of disputes where the person concerned is a “consumer” or “trader” or “entrepreneur”, the place of jurisdiction is the defendant's registered office; c) supplement Directive 2005/29/EC in such a way that contractual penalties which are brought about in the context of a declaration of non-compliance are covered by the state treasury.