Milivojevic v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen

European Union – Freedom to provide services. Article 17(1) of Regulation (EU) No 1215/2012 had to be interpreted as meaning that a debtor who had entered into a credit agreement in order to have renovation work carried out in an immovable property which was his domicile with the intention, in particular, of providing tourist accommodation services could not be regarded as a 'consumer' within the meaning of that provision, unless, in the light of the context of the transaction, regarded as a whole, for which the contract had been concluded, that contract had such a tenuous link to that professional activity that it appeared clear that the contract was essentially for private purposes, which was a matter for the referring court to ascertain. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings between the parties concerning an action for a declaration of invalidity of a credit agreement and of a notarised deed related to the creation of a mortgage taken out to guarantee the debt arising out of that contract and the removal of that security from the land register.

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