Decision of the Court of Appeals in Warsaw 6th Civil Division of 13th August 2013
VI ACz 1699/13

1. A member of a housing cooperative who holds a cooperative title to residential premises is a consumer in the meaning of Article 385¹ section 3 of the Civil Code. Consumer shall be the person who acting in the capacity of a potential buyer of goods or services enters into a legal relationship remaining in a direct relation with the entrepreneur’s actions in the capacity of a manufacturer or seller of goods or service provider. Group’s members’ agreements on the construction of premises and parking spaces should be classified within the above-given category of cases.
2. Consumer protection cases are cases arising against consumers’ claims towards an entrepreneur, e.g. resulting from a lease agreement, sale agreement, mortgage or loan agreement, or carriage agreement.