The status of the parties to a loan contract which has a dual (mixed) purpose, i.e. it is both a consumer and business contract, is resolved differently in the Polish courts’ case law. In this article, the author explains the rules according to which a party to such a contract should be classified as a consumer, analysing the case law of the Court of Justice of the European Union, and in particular the judgment in YYY case. (Concept of „consumer”).