An association of co-owners is now (sometimes) regarded as a consumer

In our newsletter of 28 July 2023 we reported on the ruling by the Constitutional Court of 15 June 2023 regarding the qualification of an association of co-owners, or ACO, as an enterprise within the meaning of article I.1, 1° of the Code of Economic Law. The ACO, pursuant to article 3.86 of the Civil Code, has legal personality, and therefore it cannot be regarded as a consumer within the meaning of article I.1, 2° of the Code of Economic Law. According to the latter provision, a consumer is any natural person who acts for purposes which are outside their commercial, business, trade or professional activity.