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
(Case C-110/14) 1
(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
on unfair terms in consumer co
ntracts 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’ wi
signing the agreement)Language
of the case: RomanianReferring
courtJudecătoria OradeaParties to
the main proceedingsApplicant
: Horațiu Ovidiu CosteaDefendant: SC Volksbank România SAOperative part of the judgmentArticle 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.
____________1 OJ C 175, 10.6.2014.