Court of Justice 20 March 1997, C-45/96 (Bayerische Hypotheken- und Wechselbank AG v Edgard Dietzinger.)

Opinion of the Advocate-General Opinion of the Advocate-General 1 The issue in this case, which comes by way of a reference from the Bundesgerichtshof (Federal Court of Justice), is essentially whether a guarantee given to a financial institution by an individual who is not acting in the course of his trade or profession, in order to secure a loan by that institution to a third party acting in