Defining ‘consumer’ status: CJEU ruling on mortgage agreements for buy-to-let Properties
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”).
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Author: Saman Bugeja