Consumer, Health & Environment
Today, the Court of Justice has issued a ruling in the case Zabitoń (C-347/23) concerning the interpretation of Article 2(b) of Directive 93/13/EEC, which deals with unfair clauses in consumer contracts. The Polish court, Sąd Okręgowy w Warszawie, submitted a request for a preliminary ruling regarding whether a person acquiring a single residential property for rental purposes should be considered a “consumer” under the directive.
The case involved LB and JL, a couple residing in London who took out a mortgage loan indexed to the Swiss franc to purchase a residential property in Warsaw for rental income. They argued that the clauses in their mortgage contract were abusive and sought reimbursement of all amounts paid under the cont