# C_2015171EN.01001401.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/14 |
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26.5.2015

EN

Official Journal of the European Union

C 171/14

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Request for a preliminary ruling from the Curtea de Apel Oradea (Romania) lodged on 18 February 2015 — Dumitru Tarcău, Ileana Tarcău v Banca Comercială Intesa Sanpaolo România SA — Sucursala Baia Mare and Others

(Case C-74/15)

(2015/C 171/16)

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Oradea

Parties to the main proceedings

Parties to the main proceedings

Appellants: Dumitru Tarcău, Ileana Tarcău

Appellants:

Respondents: Banca Comercială Intesa Sanpaolo România SA — Sucursala Baia Mare, Banca Comercială Intesa Sanpaolo România SA Arad, Cristian Nicolae Tarcău, Corina Tarcău, SC Magenta, in the person of the liquidator, Pareto Grup IPURL, SC Crisco SRL, in the person of the special administrator, CII Renata Moldovan, SC Crisco SRL, in the person of the special administrator, Cristian Tarcău

Respondents:

Questions referred

Questions referred

| 1. | Must Article 2(b) of Directive 93/13/EEC (1), as regards the definition of ‘consumer’, be interpreted as including in or, conversely, as excluding from, that definition natural persons who have, as guarantors/sureties, concluded additional acts and contracts (guarantee contracts, contracts providing immovable property as security) ancillary to the credit agreement entered into by a commercial company in order to carry on its activity, in circumstances in which those natural persons have no connection with the activities of the commercial company and have acted for purposes outside their trade, business or profession. |
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1.

Must Article 2(b) of Directive 93/13/EEC (1), as regards the definition of ‘consumer’, be interpreted as including in or, conversely, as excluding from, that definition natural persons who have, as guarantors/sureties, concluded additional acts and contracts (guarantee contracts, contracts providing immovable property as security) ancillary to the credit agreement entered into by a commercial company in order to carry on its activity, in circumstances in which those natural persons have no connection with the activities of the commercial company and have acted for purposes outside their trade, business or profession.

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| 2. | Must Article 1(1) of Directive 93/13/EEC be interpreted as meaning that only contracts concluded between traders and consumers concerning the sale of goods or supply of services fall within the ambit of that directive or as meaning that contracts (contracts of guarantee and of surety) ancillary to a credit agreement, the beneficiary of which is a commercial company, concluded by natural persons who have no connection with the activities of that commercial company and who acted for purposes outside their trade, business or profession also fall within the ambit of that directive? |
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2.

Must Article 1(1) of Directive 93/13/EEC be interpreted as meaning that only contracts concluded between traders and consumers concerning the sale of goods or supply of services fall within the ambit of that directive or as meaning that contracts (contracts of guarantee and of surety) ancillary to a credit agreement, the beneficiary of which is a commercial company, concluded by natural persons who have no connection with the activities of that commercial company and who acted for purposes outside their trade, business or profession also fall within the ambit of that directive?

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(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).

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