NK (Projet de maison individuelle) (Judgment) French Text [2020] EUECJ C-208/19 (14 May 2020)

NK (Projet de maison individuelle) (Judgment) French Text [2020] EUECJ C-208/19 (14 May 2020)

A contract between an architect and a consumer for the preparation of plans for a new house is not a contract relating to the construction of a new building under Article 3(3)(f) of Directive 2011/83/EU, and is not a contract for the supply of goods made to the consumer's specifications under Article 16(c); it is a service contract subject to the directive's consumer protection provisions.

Citation
[2020] EUECJ C-208/19
Parties
Applicant: NK; Respondent: MS; Respondent: AS
Jurisdiction
European Union
Judgment Date
14 May 2020
Procedural Posture
Preliminary Reference / Judgment on Preliminary Questions
Outcome
Preliminary questions answered; contract is not excluded from Directive 2011/83/EU under Article 3(3)(f) or Article 16(c).
Legal Topics
Directive 2011/83/eu, Consumer Contracts, Right of Withdrawal, Scope of Consumer Protection, Contracts for Construction of New Buildings, Custom Made Goods, Service Contracts
European Union Law Consumer Protection Law Directive 2011/83/eu Consumer Contracts Right of Withdrawal Scope of Consumer Protection Contracts for Construction of New Buildings Custom Made Goods +1 more

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Parties

NK

Applicant

MS

Respondent

AS

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether a contract between an architect and a consumer for the preparation of plans for a new house constitutes a contract 'relating to the construction of new buildings' under Article 3(3)(f) of Directive 2011/83/EU.
  2. 2 Whether such a contract constitutes a contract for the supply of goods made to the consumer's specifications or clearly personalized under Article 16(c) and Article 2(3) and (4) of Directive 2011/83/EU.

Ratio Decidendi

A contract between an architect and a consumer for the preparation of plans for a new house is not a contract relating to the construction of a new building under Article 3(3)(f) of Directive 2011/83/EU, and is not a contract for the supply of goods made to the consumer's specifications under Article 16(c); it is a service contract subject to the directive's consumer protection provisions.

Court Disposition

Preliminary questions answered; contract is not excluded from Directive 2011/83/EU under Article 3(3)(f) or Article 16(c).

Orders

  • Article 3(3)(f) of Directive 2011/83/EU does not exclude a contract for architectural planning from the directive's scope.
  • Article 16(c) of Directive 2011/83/EU does not apply to such a contract; it is not a contract for the supply of goods made to the consumer's specifications.