The concept of consumer is crucial when analysing the validity and enforceability of early maturity (vencimiento anticipado) clauses.
Spanish Supreme Court Judgment STS 463/2019, of 11 September 2019, reviews and consolidates the doctrine on early maturity in contracts involving consumers. This ruling follows the criteria established by the Court of Justice of the European Union (CJEU) in joined cases C‑70/17 and C‑179/17, of 26 March 2019.
It is particularly important to note that, for the application of rules concerning abusive clauses, a person is not considered a consumer when acting for professional purposes or when functionally linked to the lending entity.
Below are relevant cases illustrating this principle:
Not Considered Consumers
1. STS 204/2020, of 28 May 2020
The Supreme Court held that the wife of a company director was not a consumer in relation to a company loan, because both spouses had a functional connection to the company (the borrower).
Therefore, the protective rules on consumer contracts did not apply.
2. STS 483/2022, of 14 June 2022
A mortgage loan granted for the purpose of cancelling commercial contracts did not confer consumer status on the individuals involved.
The Court ruled that the business purpose of the loan prevented the borrowers from being considered consumers.
3. STS 1059/2024, of 22 July 2024
Individuals obtaining a loan to purchase a property intended for tourist rental activity were not regarded as consumers, as the purpose of the loan was entrepreneurial/business‑related.
Recent Case Law from Lower Courts
SAP Balearic Islands 31/2025, of 17 January 2025
The Court of Appeal of the Balearic Islands held that consumer status in a mortgage loan depends on whether the primary use of the loan is connected to a business activity.
If the essential purpose is entrepreneurial, consumer protection rules do not apply.
Conclusion
To determine whether early maturity clauses must comply with consumer protection rules, Spanish courts focus on:
- The purpose for which the loan was granted.
- Whether the borrower is acting outside any business or professional activity.
- The existence of any functional link between the borrower and a company or entity involved in the transaction.
Only when the borrower qualifies as a consumer under EU and Spanish law can the strict regime on abusive early maturity clauses —as interpreted by the CJEU and STS 463/2019— be applied.
