S.V. (Immeuble en copropriete) (Judgment) French Text [2022] EUECJ C-485/21 (27 October 2022)

S.V. (Immeuble en copropriete) (Judgment) French Text [2022] EUECJ C-485/21 (27 October 2022)

A natural person owning an apartment in a condominium is to be regarded as a 'consumer' under Directive 93/13/EEC when entering into a contract with a professional (such as a property manager) for administration and maintenance of common parts, provided the apartment is not used exclusively for professional purposes. The fact that some contractual obligations arise from national legal requirements does not remove the contract from the Directive's scope. If the contract is between the manager and the condominium association, an owner may be considered a consumer only if they are a party to the contract and do not use the apartment exclusively for professional purposes.

Citation
[2022] EUECJ C-485/21
Parties
Applicant: S. V. OOD; Respondent: E. Ts. D.
Jurisdiction
European Union
Judgment Date
27 October 2022
Procedural Posture
Preliminary Reference / Judgment on Preliminary Questions
Outcome
Questions answered; interpretation provided to referring court.
Legal Topics
Abusive Contract Terms, Definition of Consumer, Definition of Professional, Condominium Law, Directive 93/13/eec
European Union Law Consumer Protection Abusive Contract Terms Definition of Consumer Definition of Professional Condominium Law Directive 93/13/eec

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Parties

S. V. OOD

Applicant

E. Ts. D.

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether a natural person owning an apartment in a condominium qualifies as a 'consumer' under Directive 93/13/EEC when contracting for administration and maintenance of common parts.
  2. 2 Whether the status of 'consumer' depends on the type of contractual arrangement for administration and maintenance.
  3. 3 Whether national legislation may differentiate between owners who have or have not entered into such contracts for the purposes of consumer protection.

Ratio Decidendi

A natural person owning an apartment in a condominium is to be regarded as a 'consumer' under Directive 93/13/EEC when entering into a contract with a professional (such as a property manager) for administration and maintenance of common parts, provided the apartment is not used exclusively for professional purposes. The fact that some contractual obligations arise from national legal requirements does not remove the contract from the Directive's scope. If the contract is between the manager and the condominium association, an owner may be considered a consumer only if they are a party to the contract and do not use the apartment exclusively for professional purposes.

Court Disposition

Questions answered; interpretation provided to referring court.

Orders

  • Article 1(1) and Article 2(b) and (c) of Directive 93/13/EEC must be interpreted as meaning that a natural person owning an apartment in a condominium is a 'consumer' when contracting with a professional for administration and maintenance of common parts, unless the apartment is used exclusively for professional...