# C_2011113EN.01000202.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/2 |
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9.4.2011

EN

Official Journal of the European Union

C 113/2

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Reference for a preliminary ruling from the Oberlandesgericht Oldenburg (Germany) lodged on 6 January 2011 — Johann Bilker and Others v EWE AG

(Case C-8/11)

2011/C 113/03

Language of the case: German

Referring court

Referring court

Oberlandesgericht Oldenburg

Parties to the main proceedings

Parties to the main proceedings

Appellants: Johann Bilker and Others

Appellants:

Respondent: EWE AG

Respondent:

Questions referred

Questions referred

| 1. | Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that statutory or regulatory provisions are not subject to the provisions of that directive even in the case where a seller or supplier refers in his contractual terms and conditions to statutory or regulatory provisions which were adopted in respect of a different consumer group and a different type of contract? If the directive is not applicable, does that exclusion of its application also extend to the requirement of plainness and intelligibility contained in Article 5? |
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1.

Is Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that statutory or regulatory provisions are not subject to the provisions of that directive even in the case where a seller or supplier refers in his contractual terms and conditions to statutory or regulatory provisions which were adopted in respect of a different consumer group and a different type of contract? If the directive is not applicable, does that exclusion of its application also extend to the requirement of plainness and intelligibility contained in Article 5?

1

| 2. | Are the first sentence of Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the fourth sentence of Article 3(3) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 (2) concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC to be interpreted as meaning that there is no ‘plain and intelligible term’ or that ‘high levels of consumer protection, particularly with respect to transparency regarding general contractual terms and conditions’ are not ensured if a seller or supplier seeks to justify a unilateral right to vary prices with the argument that he refers globally, in his general terms and conditions, to a national regulation which was adopted in respect of a different consumer group and a different type of contract and in which, moreover, the provision relevant to the right to vary prices does not satisfy the requirement of transparency? |
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2.

Are the first sentence of Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the fourth sentence of Article 3(3) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 (2) concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC to be interpreted as meaning that there is no ‘plain and intelligible term’ or that ‘high levels of consumer protection, particularly with respect to transparency regarding general contractual terms and conditions’ are not ensured if a seller or supplier seeks to justify a unilateral right to vary prices with the argument that he refers globally, in his general terms and conditions, to a national regulation which was adopted in respect of a different consumer group and a different type of contract and in which, moreover, the provision relevant to the right to vary prices does not satisfy the requirement of transparency?

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(1)  OJ 1993 L 95, p. 29.

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(2)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

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