(Case C-485/21 Request for a preliminary ruling from the Rayonen sad Nesebar (Bulgaria) lodged on 5August 2021– S.V.OOD v E.Ts. D.
Fecha: 05-Ago-2021
Request for a preliminary ruling from the Rayonen sad Nesebar (Bulgaria) lodged on 5August 2021– S.V.OOD v E.Ts. D.
(Case C-485/21)
Language of the case: Bulgarian
Referring court
Rayonen sad Nesebar
Parties to the main proceedings
Applicant: S.V.OOD
Defendant: E.Ts. D.
Questions referred
Are natural persons who own individual units in a co-owned building ‘consumers’ (within the meaning of Article2(b) of Council Directive 93/13/EEC1 of 5April 1993 on unfair terms in consumer contracts and Article2(1) of Directive 2011/83/EU2 of the European Parliament and of the Council of 25October 2011) in terms of the legal relationships they enter into regarding the management and maintenance of the communal areas of the building?
Does the status of natural persons who own individual units in a co-owned building as ‘consumers’ depend on the nature of the legal relationships they enter into (individual contract for the management and maintenance of the communal areas, contract under Article2 of the Zakon za upravlenie na etazhnata sobstvenost (Law on the management of co-owned property; ‘the ZUES’), management by the general meeting of the property owners)?
Is legislation which permits the same owners of individual units in a building to be treated differently (in relation to the status of ‘consumer’), depending on whether they have entered into an individual contract for the management and maintenance of the communal areas of the building or not (the management body being the general meeting of the property owners in the latter case), compatible with Directive 2011/83/EU of the European Parliament and of the Council of 25October 2011?