In a preliminary ruling delivered by the Court of Justice of the
European Union (the "CJEU" or the
"Court") on the 24 October 2024 in the
case of LB & JL (the "Plaintiffs")
vs Getin Noble Bank S.A (hereinafter the
"Bank"), the Court had to consider
whether a natural person who enters into a mortgage loan agreement
in order to finance the purchase of a single residential property
to be leased for commercial purposes falls under the definition of
'consumer', within the meaning of Article 2 of Council
Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts (the "Directive").
Article 2(b) of the Directive defines "consumer" as
any natural person who, in contracts covered by the Directive, is
acting for purposes which are outside his trade, business or
profession. Article 2(c) of the Directive defines "seller or
supplier" as any natural or legal person who, in contracts
covered by the Directive, is acting for purposes relating to his
trade, business
