(Czech Supreme Court Judgment No. 32 Cdo 2794/2013 of 26 August 2015)

The question subject to examination by the Supreme Court was whether the wholesale price (the price at which vendors buy goods from a trader for the purpose of resale) or retail price (the price for which the end consumer buys goods) shall be used to determine the usual price in a dispute concerning the recovery of unjust enrichment in a relationship between entrepreneurs.

The court explained that when determining the usual price ascertained for the purpose of recovering unjust enrichment in a relationship between entrepreneurs, if the goods that cannot be properly recovered were acquired for resale purposes, the decisive price is the price for which entrepreneurs usually acquire such (or similar) goods and not the price for which the same or similar goods would be sold to the end consumer at a given place and time.