# C_2021452EN.01000902.xml

| 8.11.2021 | EN | Official Journal of the European Union | C 452/9 |
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8.11.2021

EN

Official Journal of the European Union

C 452/9

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Request for a preliminary ruling from the Tribunalul Olt (Romania) lodged on 23 July 2021 — OZ v Lyoness Europe AG

(Case C-455/21)

(2021/C 452/10)

Language of the case: Romanian

Referring court

Tribunalul Olt

Parties to the main proceedings

Appellant: OZ

Respondent: Lyoness Europe AG

Questions referred

| 1. | Must Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) be interpreted as meaning that a natural person, who is a mechanical engineer specialising in hydraulic and pneumatic machinery (who does not engage in trade as an occupation and in particular in the purchase of goods and services for resale and/or in intermediation activities) and who concludes with a commercial company (a seller or supplier) a pre-formulated standard contract under which that natural person is entitled to participate in a shopping community set up by that company in the form of the Lyoness system (a system which promises economic returns in the form of refunds on purchases, commission and other promotional benefits), to purchase goods and services from traders who have a contractual relationship with that company (called ‘Lyoness business partners’), and to act as an intermediary with other persons within the Lyoness system (known as ‘potential loyalty customers’), be regarded as a ‘consumer’ within the meaning of that provision, notwithstanding the contractual term which provides that Swiss law alone is to apply to the contractual relationship between Lyoness and the customer, irrespective of the customer’s place of domicile, in order to ensure effective consumer protection? |
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1.

Must Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) be interpreted as meaning that a natural person, who is a mechanical engineer specialising in hydraulic and pneumatic machinery (who does not engage in trade as an occupation and in particular in the purchase of goods and services for resale and/or in intermediation activities) and who concludes with a commercial company (a seller or supplier) a pre-formulated standard contract under which that natural person is entitled to participate in a shopping community set up by that company in the form of the Lyoness system (a system which promises economic returns in the form of refunds on purchases, commission and other promotional benefits), to purchase goods and services from traders who have a contractual relationship with that company (called ‘Lyoness business partners’), and to act as an intermediary with other persons within the Lyoness system (known as ‘potential loyalty customers’), be regarded as a ‘consumer’ within the meaning of that provision, notwithstanding the contractual term which provides that Swiss law alone is to apply to the contractual relationship between Lyoness and the customer, irrespective of the customer’s place of domicile, in order to ensure effective consumer protection?

| 2. | Must Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as meaning that a person who has concluded with a seller or supplier a contract having a dual purpose, namely [where] the contract is concluded for purposes which partly fall within the scope of the trade, business or profession of that person and partly outside, and the trade, business or professional purpose of that natural person is not predominant in the overall context of the contract, can be regarded as a ‘consumer’ within the meaning of that provision? |
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2.

Must Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as meaning that a person who has concluded with a seller or supplier a contract having a dual purpose, namely [where] the contract is concluded for purposes which partly fall within the scope of the trade, business or profession of that person and partly outside, and the trade, business or professional purpose of that natural person is not predominant in the overall context of the contract, can be regarded as a ‘consumer’ within the meaning of that provision?

| 3. | If the answer to the previous question is in the affirmative, what are the main criteria to be applied in determining whether or not the trade, business or professional purpose of that natural person is predominant in the overall context of the contract? |
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3.

If the answer to the previous question is in the affirmative, what are the main criteria to be applied in determining whether or not the trade, business or professional purpose of that natural person is predominant in the overall context of the contract?

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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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