1.

Do Article 2(b) and (c) of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the definition of consumer (2) contained therein, and recital 17 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, (3) also cover a farmer who concludes a contract for the purchase of electricity both for an agricultural holding and for private purposes for a household?

2.

Must Article 3(5) and (7) of and recital 51 and Annex I(1)(a) and (e) to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (4) which requires that no charge be levied on consumers in the event of withdrawal from a contract for the provision of electricity services, be interpreted as precluding the possibility of imposing a contractual penalty on an energy consumer customer for the termination of a fixed-term contract for the provision of electricity (Article 4j(3a) of the Polish Law on energy of 10 April 1997)?