THE INTERMEDIARY AS "TRADER" IN THE CONSUMER CONTRACT: COMMENTARY ON THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION, CASE: C-536/20 OF 24 FEBRUARY 2022 (TIKETA)

The Tiketa case brings with it an extensive interpretation of the intermediary's liability in a consumer contract. The intermediary can be held liable as a trader in front of the consumer, in the same level of the principal trader. Although it is possible to hold both the intermediary and the principal trader liable, the novelty of this ruling is that the liability in this case only falls on the intermediary as the passive subject of the consumer's claim. Additionally, a clarification is made as to how the obligation to provide the consumer with certain essential information of the contract must be fulfilled, since in order to protect his rights, especially the right to information, the trader must provide this information in a durable medium before or after the contract. Finally, it should be noted how the arguments of the Tiketa case fit in with certain provisions of the Digital Services Act, in order to put into perspective, the consistency of this decision of the Court of Justice of the European Union with future EU norms.