The concept of consumer is extremely important when analyzing early maturity clauses. The Supreme Court Judgment (STS) 463/2019, of September 11, 2019, reviews the doctrine on early maturity in contracts with consumers. This judgment follows the criteria of the Court of Justice of the European Union (CJEU) judgments C-70/17 and C-179/17, of March 26, 2019.
It is important to note that, for the application of rules on abusive clauses, a person is not considered a consumer if they act for professional purposes or have functional links with the credit institution.
Other specific cases:
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STS 204/2020, May 28, 2020: The wife of the director of a company is not considered a consumer in a loan to the company, as both have a functional link with the company.
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STS 483/2022, June 14, 2022: A mortgage loan intended to cancel commercial contracts does not confer consumer status on the individuals involved, since the loan had a business purpose.
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STS 1059/2024, July 22, 2024: Individuals requesting a loan to purchase a property intended for short-term rental are not considered consumers, as the loan’s purpose is commercial.
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SAP Baleares 31/2025, January 17, 2025: Consumer status in a mortgage loan contract depends on whether the main use of the loan is related to a business activity.
