Judgment_paragraph 37 · Komisia za zashtita na potrebitelite v Evelina Kamenova (C-105/17)

37With regard to the question whether an individual such as the defendant in the main proceedings comes within the concept of ‘trader’ within the meaning of those provisions, it must be stressed, as has been noted in point 50 of the Advocate General’s Opinion, that classification as a ‘trader’ requires a ‘case-by-case approach’. It follows that the referring court will have to examine, on the basis of all the facts in its possession, whether a natural person, such as the person at issue in the main proceedings, who published simultaneously on an online platform eight advertisements offering new and second-hand goods for sale, was acting for ‘purposes relating to his trade, business, craft or profession’ or in the name or on behalf of a trader.