Decision of the Court of Appeals in Lodz 1st Civil Division of 24th April 2015
I ACz 247/15

1. The functional element which is connected to the conduct of economic or professional activity is of key importance for defining the notion of an entrepreneur. This is because the relevant provisions require the entrepreneur to conduct an economic or professional activity. The literature assumes that the phrase “conducts activity” assumes a specific sequence of actions, and not only individual acts. Therefore, an entrepreneur is only a party that performs repetitive actions and, all the more so, in a manner where they form a certain whole, while not constitute an isolated supply of specific goods or performance of specific services. If such actions are of an economic or professional nature, there are grounds to find that the entity engaging in them is an entrepreneur.
2. The defendant, as a non-public school of higher education should be treated as an entrepreneur. Activity in the scope of conducting higher education courses against remuneration bears all the features characteristic of an economic activity.
3. For the notion of consumer it is of no significance whether a natural person conducts an economic or professional activity. However, it is important for the specific act performed thereby to pertain directly to this type of activity. Therefore, it will be possible to recognise both a natural person performing an act in law in no way related to their professional activity, and an act in law admittedly related to such activity, but only indirectly, as a consumer.