Definition of the term entrepreneur

Prerequisite: Operation of a company

• Self-employed activity on own account and at own risk

• Economic activity for remuneration (but not for profit)

• permanent activity

• ’organized’ activity

Consequences for B2B transactions between two entrepreneurs

• Services between entrepreneurs are generally deemed to be provided for remuneration (§ 354 UGB)

• Increased statutory default interest rate (9.2% above the base interest rate)

• In case of defects, the buyer must give notice within a reasonable period (§ 377 UGB)

Relevance of consumer protection law in relation to non-entrepreneurs (consumers)