Decision of the Court of Appeals in Katowice 1st Civil Division of 15th October 2013
I ACz 873/13

1. To become a consumer, a natural person should enter into a legal relationship with an entity conducting a business activity. In the case of the notion of a consumer, the issue is not a personal characteristic of a natural person, but the analysis of the obligational relationship the claim from which such a person is pursuing. Whether the entity is a consumer or not is decided by who they enter into relations with and what the nature of such relations is.
2. It is impossible to share the view that, depending on the nature of the relationship, the housing cooperative may appear in a double role: in the capacity of an entrepreneur, e.g. when managing assets constituting property of its members, it pursues property claims, or in the role deprived of the entrepreneur attribute when the case pertains to the area covering residential needs of its members. In the scope of the activities aimed at broadly understood satisfaction of residential needs of its members it conducts, the cooperative must be treated identically as other entrepreneurs.