YYY. (Notion de consommateur)

Judgment of the Court (Fifth Chamber) of 8 June 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie – Poland) – I. S., K. S. v YYY. S. A.(Case C-570/21, 1 YYY (concept of ‘consumer’))(Request for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Dual-purpose contract – Article 2(b) – Concept of ‘consumer’ – Criteria)Language of the case: Polish Referring court Sąd Rejonowy dla Warszawy-Woli w Warszawie Parties to the main proceedings Applicant: I. S., K. S. Defendant: YYY. S. A. Operative part of the judgment 1.    Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contractsmust be interpreted as meaning that the concept of ‘consumer’, within the meaning of that provision, covers a person who has concluded a loan contract intended for a purpose in part within and in part outside his or her trade, business or profession, together with a joint-borrower who did not act within his or her trade, business or profession, where the trade, business or professional purpose is so limited as not to be predominant in the overall context of that contract..2.    Article 2(b) of Directive 93/13 must be interpreted as meaning that in order to determine whether a person falls within the concept of ‘consumer’, within the meaning of that provision, and, specifically, whether the trade, business or professional purpose of a loan contract concluded by that person is so...