# C_2011211EN.01001001.xml

| 16.7.2011 | EN | Official Journal of the European Union | C 211/10 |
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16.7.2011

EN

Official Journal of the European Union

C 211/10

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Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 28 February 2011 — RWE Vertrieb AG v Verbraucherzentrale Nordrhein-Westfalen e.V.

(Case C-92/11)

2011/C 211/17

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: RWE Vertrieb AG

Appellant on a point of law:

Respondent on a point of law: Verbraucherzentrale Nordrhein-Westfalen e.V.

Respondent on a point of law:

Questions referred

Questions referred

| 1. | Is Article 1(2) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that contractual terms concerning price variations in gas supply contracts with consumers who are to be supplied outside the general obligation to supply gas and on the basis of the general freedom of contract (special customers) are not subject to the provisions of the directive if, in those contractual terms, the statutory provisions which apply to standard-rate customers within the framework of the general obligation to provide a connection and supply gas are incorporated unchanged in the contractual relationships with special customers? |
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1.

Is Article 1(2) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts to be interpreted as meaning that contractual terms concerning price variations in gas supply contracts with consumers who are to be supplied outside the general obligation to supply gas and on the basis of the general freedom of contract (special customers) are not subject to the provisions of the directive if, in those contractual terms, the statutory provisions which apply to standard-rate customers within the framework of the general obligation to provide a connection and supply gas are incorporated unchanged in the contractual relationships with special customers?

1

| 2. | Are Articles 3 and 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts — in so far as they are applicable — in conjunction with point 1(j) and the second sentence of point 2(b) of the annex referred to in Article 3(3) of that directive, and Article 3(3) of, in conjunction with points (b) and/or (c) of Annex A to, Directive 2003/55/EC (2) 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 to be interpreted as meaning that contractual terms concerning price variations in natural-gas supply contracts with special customers meet the requirements for plain and intelligible wording and/or possess the requisite degree of transparency if, although the grounds, preconditions and scope of a change in price are not set out, it is nevertheless ensured that the gas supply company informs its customers of every price increase in good time in advance and those customers have the right to terminate the contract by way of notice if they do not wish to accept the amended conditions of which they have been informed? |
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2.

Are Articles 3 and 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts — in so far as they are applicable — in conjunction with point 1(j) and the second sentence of point 2(b) of the annex referred to in Article 3(3) of that directive, and Article 3(3) of, in conjunction with points (b) and/or (c) of Annex A to, Directive 2003/55/EC (2) 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 to be interpreted as meaning that contractual terms concerning price variations in natural-gas supply contracts with special customers meet the requirements for plain and intelligible wording and/or possess the requisite degree of transparency if, although the grounds, preconditions and scope of a change in price are not set out, it is nevertheless ensured that the gas supply company informs its customers of every price increase in good time in advance and those customers have the right to terminate the contract by way of notice if they do not wish to accept the amended conditions of which they have been informed?

2

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(1)  OJ L 95, p. 29.

1

(2)  OJ L 176, p. 57.

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