Published: 2026-03-31

Consumer Status vs. Business Activity in the Context of the Swiss Franc Credit Cases

Paulina Bończyk Profil ORCID autora Paulina Bończyk
Zeszyty Prawnicze
Section: Artykuły
DOI https://doi.org/10.21697/zp.2026.26.1.06

Abstract

The Swiss Franc Loans have generated a lot of discussion in the Polish legal order regarding the concept of “the consumer” as defined by Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. Courts and legal practitioners do not have much of a problem with decisions whether or not a person not engaged in business activities should be treated as a “consumer.” However, some situations are not so clear-cut, and doubts arise especially in two cases. The first type involves borrowers who were running a business at the time when they entered the credit agreement, while the second type applies to borrowers not engaged in business at the time when they entered the credit agreement, but who had a business registered shortly afterwards. Thus, whether or not a borrower is treated as a consumer depends not only on the factual circumstances, such as whether the he is running a registered business, but also on his own experience and
knowledge, the professional expertise of his legal representative, and the purpose for which the credit agreement was concluded.

Keywords:

consumer, EU Directive 93/13/EWG, business activity, credit agreement, loan indexed to CHF, credit denominated in CHF, Swiss Francs

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Bończyk, P. (2026). Consumer Status vs. Business Activity in the Context of the Swiss Franc Credit Cases. Zeszyty Prawnicze, 26(1), 97–117. https://doi.org/10.21697/zp.2026.26.1.06

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