The BGH considers managing directors of GmbHs who conclude their own business transactions for the purposes of management as consumers. This is also intended to apply to sole shareholder managing directors. The BAG's decision on May 19, 2010, prompted a review of this outcome. The author examines the judiciary's perspective in his study. He elaborates on the concept of the consumer in its constitutional, historical, and European legal context and applies it to the corporate law principles regarding the relationship between the managing director and the company. In conclusion, he agrees with the BGH's jurisprudence.