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Supreme Court, 8 July 2025, 5-KG25-36-K2

Supreme Court: a private loan is not necessarily consumer credit

Classify the relationship before applying consumer-credit restrictions.

Facts

In a loan and mortgage award case, the lower court applied consumer-credit restrictions, set the award aside and refused a writ.

Holding and outcome

The Supreme Court found those restrictions inapplicable to the established relationship, quashed the court orders and remanded. It also required specific reasoning for any public-policy violation.

Limits of the holding

The Court did not remove Article 13(4) of 353-FZ for actual consumer credit or finally grant enforcement. The lender’s activity and contract must be classified.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.