# C_2023071EN.01001701.xml

| 27.2.2023 | EN | Official Journal of the European Union | C 71/17 |
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27.2.2023

EN

Official Journal of the European Union

C 71/17

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Request for a preliminary ruling from the Rayonen sad Nessebar (Bulgaria) lodged on 5 December 2022 — Vodosnabdyavane i kanalizatsia EAD v PQ

(Case C-744/22)

(2023/C 71/20)

Language of the case: Bulgarian

Referring court

Rayonen sad Nessebar

Parties to the main proceedings

Applicant: Vodosnabdyavane i kanalizatsia EAD

Defendant: PQ

Questions referred

| 1. | Are the provisions of Article 2(5) and Article 7(2)(1) of the Naredba 1 ot 09.07.2004g. za minimalnite razmeri na advokatskite vaznagrazhdenia (Regulation No. 1 of 9 July 2004 on the minimum amount of lawyers’ fees), which are applicable pursuant to Article 47(6) of the Grazhdanski protsesualen kodeks (Code of Civil Procedure; ‘the GPK’) and which concern the rules for setting the fee of the special representative of an absent defendant for the purposes of proceedings such as the main proceedings, which relate to an action against a consumer for payment for insignificant water consumption — consistent with Article 19(1) of the Treaty on European Union, read in conjunction with Article 169(1) of the Treaty on the Functioning of the European Union,, if the consumer, should he or she be unsuccessful in that claim, will also be ordered, in accordance with Article 78(1) of the GPK, to pay the costs of the special representative? |
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1.

Are the provisions of Article 2(5) and Article 7(2)(1) of the Naredba 1 ot 09.07.2004g. za minimalnite razmeri na advokatskite vaznagrazhdenia (Regulation No. 1 of 9 July 2004 on the minimum amount of lawyers’ fees), which are applicable pursuant to Article 47(6) of the Grazhdanski protsesualen kodeks (Code of Civil Procedure; ‘the GPK’) and which concern the rules for setting the fee of the special representative of an absent defendant for the purposes of proceedings such as the main proceedings, which relate to an action against a consumer for payment for insignificant water consumption — consistent with Article 19(1) of the Treaty on European Union, read in conjunction with Article 169(1) of the Treaty on the Functioning of the European Union,, if the consumer, should he or she be unsuccessful in that claim, will also be ordered, in accordance with Article 78(1) of the GPK, to pay the costs of the special representative?

| 2. | Is the provision in Article 47(6) of the GPK, read in conjunction with Article 26(1) of the Zakon za pravnta pomosht (Law on legal aid), on the appointment of a special representative in the event that the consumer cannot be found at his or her address — according to which the fee is to be set by the court, and may be set at an amount below the minimum, whereas another body, the Bar Council, is responsible for designating special representatives, the Bar Council having the ability, in its discretion and solely for the reason that it does not agree with the fee set by the court, to refuse to designate a special representative — consistent with Article 19(1) TEU, read in conjunction with Article 169(1) TFEU? |
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2.

Is the provision in Article 47(6) of the GPK, read in conjunction with Article 26(1) of the Zakon za pravnta pomosht (Law on legal aid), on the appointment of a special representative in the event that the consumer cannot be found at his or her address — according to which the fee is to be set by the court, and may be set at an amount below the minimum, whereas another body, the Bar Council, is responsible for designating special representatives, the Bar Council having the ability, in its discretion and solely for the reason that it does not agree with the fee set by the court, to refuse to designate a special representative — consistent with Article 19(1) TEU, read in conjunction with Article 169(1) TFEU?

| 3. | Is the court entitled, by applying EU law directly, in particular the provisions of Article 19(1) TEU, read in conjunction with Article 169(1) TFEU, in the event of a refusal to designate a lawyer as a special representative, to apply other rules for ensuring the protection of consumer rights in judicial proceedings which do not, in principle, apply in such situations under the national law of the Republic of Bulgaria, such as the granting of legal aid under Article 95(1) of the GPK without the consumer having so requested? |
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3.

Is the court entitled, by applying EU law directly, in particular the provisions of Article 19(1) TEU, read in conjunction with Article 169(1) TFEU, in the event of a refusal to designate a lawyer as a special representative, to apply other rules for ensuring the protection of consumer rights in judicial proceedings which do not, in principle, apply in such situations under the national law of the Republic of Bulgaria, such as the granting of legal aid under Article 95(1) of the GPK without the consumer having so requested?

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