Order of the Court (Tenth Chamber) of 27 April 2017 — Bachman

(Case C‑535/16) ( 1 )

(Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 2(b) — Unfair terms in consumer contracts — Notion of ‘consumer’ — Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company)

Consumer protection—Unfair terms in consumer contracts—Directive 93/13—Concept of consumer—Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company—Included—Conditions

(Council Directive 93/13, Recital 10e and Art. 2(b))

(see paras 32-38, 41, operative part)

Operative part

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, following a novation agreement, has undertaken by contract to repay to a lending institution loans originally granted to a company for purposes inherent in that company’s business activity, where that natural person has no evident link with that company but acted in that way on the basis of his links, outside his trade, business or profession, with the person who controlled that company and also with the person who signed contracts ancillary to the original loan contracts (contracts of guarantee, contracts providing immovable property as security/mortgages).

( 1 ) OJ C 38, 6.2.2017.