Case law

  • Case Details
    • National ID: link
    • Member State: Luxembourg
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 08/10/2009
    • Court: Court of Appeal
    • Subject:
    • Plaintiff: X.
    • Defendant: Dexia Banque Internationale à Luxembourg
    • Keywords: case law, consumer, trader, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 2.
  • Headnote
    The notion of consumer does not apply to a student who borrowed money from a bank to finance his studies, as the loan is not foreign to any professional activity.
  • Facts
    A bank grants indefinite loans to a student to finance his studies. The bank unilaterally broke these contracts and the borrower relies on the law of 25 August 1983 on consumer protection declaring abusive clauses according to which the professional reserves the right to modify or unilaterally break the contract without a specific reason stipulated in the contract. The bank argues that this law does not apply to the situation, but rather the law of 9 August 1983 regulating consumer credit. This law defines the consumer as a natural person who acts for a purpose foreign to his professional activity. However, the bank considers that the loans were granted for the purpose of obtaining a diploma allowing access to a profession, and therefore, that the loans are linked to a professional activity.
  • Legal issue
    The court dismisses the appeal of the borrower.
  • Decision

    Does the notion of consumer apply to a student who borrowed money from a bank to finance his studies?

    URL: http://www.pasicrisie.lu/search_pdf/jurisprudence

    Full text: Full text

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  • Result
    The court considers that the borrower is not a consumer.