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Case C-110/14: Judgment of the Court (Fourth Chamber) of 3 September 2015 (request for a preliminary ruling from the Judecătoria Oradea — Romania) — Horațiu Ovidiu Costea v SC Volksbank România SA (Request for a preliminary ruling — Directive 93/13/EEC — Article 2(b) — Concept of ‘consumer’ — Credit agreement concluded by a natural person who practises as a lawyer — Repayment of a loan secured on a building owned by the borrower’s law firm — Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement)
ECLI:EU:UNKNOWN:62014CA0110
62014CA0110
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Valentina R., lawyer
26.10.2015
Official Journal of the European Union
C 354/6
(Case C-110/14) (<span class="super">1</span>)
((Request for a preliminary ruling - Directive 93/13/EEC - Article 2(b) - Concept of ‘consumer’ - Credit agreement concluded by a natural person who practises as a lawyer - Repayment of a loan secured on a building owned by the borrower’s law firm - Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement))
(2015/C 354/06)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Horațiu Ovidiu Costea
Defendant: SC Volksbank România SA
Operative part of the judgment
Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a natural person who practises as a lawyer and concludes a credit agreement with a bank, in which the purpose of the credit is not specified, may be regarded as a ‘consumer’ within the meaning of that provision, where that agreement is not linked to that lawyer’s profession. The fact that the debt arising out of the same contract is secured by a mortgage taken out by that person in his capacity as representative of his law firm and involving goods intended for the exercise of that person’s profession, such as a building belonging to that firm, is not relevant in that regard.
* Language of the case: Romanian.
(2015/C 354/06)
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