Request for a preliminary ruling from the Tribunalul Specializat Mureș (Romania) lodged on 21 October 2016 — Michael Tibor Bachman v FAER IFN SA

(Case C-535/16)

(2017/C 038/09)

Language of the case: Romanian

Referring court

Tribunalul Specializat Mureș

Parties to the main proceedings

Applicant: Michael Tibor Bachman

Defendant: FAER IFN SA

Question referred

Must Article 2([b]) of Directive 93/13/EEC, (1) which defines the term ‘consumer’, be interpreted as covering also a natural person who, by means of a novation agreement, has undertaken to repay to a commercial operator, which is a professional lending institution, loans originally granted to a company for purposes inherent in that company’s business activity, that is to say, for investment in the business of the carriage of goods by road, in the case where [that] natural person has no evident link with that company but acted in that way on the basis of links, outside his trade, business or profession, with the person who controlled the company which received the original loans and also with the persons who signed contracts ancillary to the original loan contracts (contracts of guarantee, contracts providing immovable property as security/mortgages)?

(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).