It is beyond any doubt that a housing cooperative is a business entity and in the scope of its operations aimed at broadly understood satisfaction of its members’ residential needs it must be afforded identical treatment to that afforded to an entrepreneur, with this reservation that the housing cooperative’s business activity is not related to the satisfaction of residential and other needs of its members and their families. The parties to the contentious agreement, the subject of which was the supplementation of the residential contribution per a specific residential premises in connection with the renovation of the residential building, surely did not appear in the role of an entrepreneur and consumer, whereas the obligational relationship did not concern the area of business activity conducted by the defendant.
The decision was reversed by decision of the Court of Appeals in Katowice of 15th October 2013, file ref. no. I ACz 873/13. The theses questioned by the Court of Appeals in Katowice have been marked in italics.