Court of Justice, Eighth Chamber

27 October 2022, Case C‑485/21
(‘S.V.’ OOD v E. Ts. D.)

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘seller or supplier’ – Natural person who owns an apartment in a building in co-ownership – Different types of legal relationships relating to the management and maintenance of that building – Difference in treatment, as regards the status of consumer, arising from the law of a Member State between co‑owners who have concluded an individual contract for the management and maintenance of the communal areas of such a building and those who have not concluded such a contract
Article 1(1) and Article 2(b) and (c) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that:
• a natural person who owns an apartment in a building in co‑ownership must be regarded as a ‘consumer’, within the meaning of that directive, where that person enters into a contract with a managing agent for the purpose of managing and maintaining the communal areas of that building, provided that he or she does not use that apartment for purposes which fall exclusively within his or her trade, business or profession. The fact that some of the services provided by that managing agent under that contract are the result of the need to comply with specific requirements relating to safety and town and country planning laid down by national law is not such as to remove that contract from the scope of that directive,

• where a contract relating to the management and maintenance of the communal areas of a building in co-ownership is entered into between the managing agent and the general meeting of the property owners or owners’ association of that building, a natural person who owns an apartment in that building may be regarded as a ‘consumer’, within the meaning of Directive 93/13, in so far as that person may be classified as a ‘party’ to that contract and does not use that apartment exclusively for purposes which fall within his or her trade, business or profession.

categoria:European Case Law