Judgment;Summary — ECLI:EU:C:2025:301
Date: 2025-04-30
Language of the case: Bulgarian
Court formation: Ninth Chamber
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Bulgaria

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Translation C-429/24 – 1 
Case C-429/24 
Request for a preliminary ruling 
Date lodged: 
18 June 2024 
Referring court: 
Sofiyski rayonen sad (Bulgaria) 
Date of the decision to refer: 
3 June 2024 
Applicant: 
St. Kliment Ohridski Primary Private School EOOD 
Defendant: 
QX 
  
ORDER 
No 22814 
Sofia, 3 June 2024 
SOFIYSKI RAYONEN SAD (SOFIA DISTRICT COURT, 
BULGARIA), CIVIL DIVISION, 26th Chamber […] in […] 
civil case No 20231110137691/2024 
and […] Whereas: 
1 […] 
2 This request for a preliminary ruling concerns the interpretation of Directive 
2011/83/EU of the European Parliament and of the Council on consumer rights of 
EN 
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25 October 2011 in so far as it concerns contracts concluded between a private 
school and parents for the education of pupils up to the age of 16. The 
interpretation concerns the questions of how the term ‘consumer’ is to be 
interpreted in the context of education provided in a private primary school and 
whether the consumer can invoke unsolicited provision of services (education). 
THE PARTIES TO THE DISPUTE 
3 Applicant: Chastno osnovno uchilishte ‘Sv Kliment Ohridski’ EOOD (St. 
Kliment Ohridski Primary Private School EOOD), […] Sofia,[…] 
4 Defendant: QX, Sofia […] 
FACTS OF THE CASE 
5 It is common ground that the parties concluded two contracts for the full-time 
schooling of the defendant’s children. One of the contracts related to the schooling 
of the defendant’s daughter, KL, […] in Year 6 during the 2022/23 school year. 
The other contract related to the schooling of the defendant’s son, SP, […] in Year 
5 during the 2022/23 school year. 
6 It is common ground that the term of the contracts covered the 2022/23 school 
year. In return for the obligation to provide schooling, it was agreed with the 
defendant that he would pay annual school fees. 
7 Under the contract for KL, the school fees amounted to 11 300 lewa 
(BGN 11 300 – approximately EUR 5 500), payable in three instalments: 
• BGN 3 800 (approximately EUR 1 900) […], due on 30 September 2022 
• BGN 3 800 (approximately EUR 1 900) […], due on 31 December 2022 
• BGN 3 700 (approximately EUR 1 900) […], due on 8 February 2023. 
It is common ground that the defendant paid the following sums: 
• BGN 3 000.00 (approximately EUR 1 500) on 28 September 2022 
• BGN 3 000.00 (approximately EUR 1 500) on 9 December 2022. 
8 Under the contract for SP, annual school fees amounted to BGN 9 040 
(approximately EUR 4 500), payable in three instalments: 
• BGN 3 000 (approximately EUR 1 500) […], due on 30 September 2022 
• BGN 3 000 (approximately EUR 1 500) […], due on 31 December 2022 
• BGN 3 040 (approximately EUR 1 500) […], due on 8 February 2023. 
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It is common ground that the defendant paid the following sums: 
• BGN 2 400 (approximately EUR 1 200) on 27 September 2022 
• BGN 2 400 (approximately EUR 1 200) on 9 December 2022. 
9 It is common ground that the parties contractually agreed on a unilateral right of 
termination for the defendant, which may be exercised in writing by giving one 
month’s notice and is subject to a contractual penalty. The contracts provide that, 
if the defendant has not paid the last instalment at the time of termination, the 
penalty will correspond to the amount of the last instalment on the date of 
termination (second sentence of the second indent of Article 6.4 of the contract). 
10 It is common ground that the school year was divided into a first half-year from 
15 September 2022 to 31 January 2023 and a second half-year from 1 February 
2023 to 30 June 2023. 
11 It is common ground that KL and SP attended the applicant’s school until 3 April 
2023 and then changed schools. The request to change schools was addressed to 
the new school on 27 March 2023 and not to the applicant. KL and SP attended 
the new school for the first time on 4 April 2023. It is common ground that the 
contract between the parties ended with effect from 4 April 2023. 
12 The defendant’s children therefore attended the applicant’s school for two months 
after the start of the second half of the school year. The defendant did not pay the 
last instalment for either contract. 
13 The school brought an action against the defendant for payment of the penalties 
prescribed by the two contracts, on the ground that the defendant had unilaterally 
terminated the contracts by ending the children’s school enrolments. The applicant 
asserts that, under the contracts, the penalty corresponds to the amount of the last 
instalment. The applicant claims a penalty of BGN 5 300 (approximately 
EUR 2 600) in respect of the contract for KL and BGN 4 240 (approximately 
EUR 2 100) in respect of the contract for SP. 
14 It is common ground between the parties that the last instalment was not paid. 
Neither the amount of the last instalment nor the amount of the contractual penalty 
is disputed. 
15 In the main proceedings it was established that the applicant, as a private school, 
does not receive governmental or local-authority funding. It is financed entirely by 
means of school fees, donations and other revenue. 
16 In his statement of defence, the defendant argued that the agreed contractual 
penalty was null and void for breach of accepted principles of morality, as it 
would lead to unjust enrichment. He argued that it went beyond the typical 
purposes of a penalty, namely protection, compensation and punishment. The 
defendant acknowledges that he terminated the contract by withdrawing the 
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children from the school, because the applicant had permitted breaches of contract 
and because other pupils had been offering e-cigarettes to smoke and had been 
smoking in the school playground. The lack of supervision in the school, he 
asserts, is unacceptable. 
17 At issue is whether the second sentence of the second indent of Article 6.4 of the 
two contracts is null and void on account of being contrary to accepted principles 
of morality. The parties disagree as to whether the prescribed contractual penalty 
constitutes hidden unjust enrichment. Whether the amount of the penalty goes 
beyond the purposes of protection, compensation and punishment is also at issue. 
The nature of the contract remains in dispute. 
APPLICABLE PROVISIONS OF BULGARIAN LAW: 
18 Konstitutsia na Republik Bulgaria (Constitution of the Republic of Bulgaria) 
‘Article 53 (1) Everyone shall have the right to education. 
(2) School attendance up to the age of 16 shall be compulsory. 
(3) Primary and secondary education in state and municipal schools shall be 
free. In circumstances established by law, State higher educational establishments 
shall provide education free of charge. 
(4) Higher educational establishments shall enjoy academic autonomy. 
(5) Citizens and organizations shall be free to found schools in accordance with 
conditions and procedures established by law. The education they provide shall fit 
the requirements of the State. 
(6) The State shall promote education by opening and financing schools, by 
supporting capable school pupils and university students, and by providing 
opportunities for occupational training and retraining. It shall exercise control 
over all school types and all stages of schooling.’ 
19 Zakon za preduchilishtnoto i uchilishtnoto obrazonanie (Law on pre-school 
and school education), ‘the ZPUO’ 
20 Section IV. The right to education. Compulsory pre-school and school education 
‘Article 8 (1) […] Pre-school education shall be compulsory from the school year 
beginning in the year in which the child reaches the age of 4; its parents shall 
choose one of the forms for which Article 67 provides, and the State and the local 
authorities shall undertake to establish a framework for the care of children in 
kindergartens and pre-school groups. 
(2) Compulsory school attendance shall apply until the age of 16 is reached and 
shall begin in the school year in which the child reaches the age of 7.’ 
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21 Chapter Four. INSTITUTIONS IN THE SYSTEM OF PRE-SCHOOL AND 
SCHOOL EDUCATION 
‘Section I. Definitions and legal status 
Article 25 (1) ‘School’ shall mean an institution in the system of pre-school and 
school education in which pupils are taught, educated and socialised and in which 
conditions are provided for completing a school year and a stage of education 
and/or for obtaining a school leaver’s qualification. In the cases specified in this 
law, the school shall also create the conditions for the acquisition of a vocational 
qualification. 
(2) The school may also carry out the compulsory pre-school education of 
children under the conditions and in accordance with the procedure laid down in 
the State educational standard for pre-school education and the State educational 
standard for the physical environment and for the provision of IT and library 
resources for kindergartens, schools and personal development support centres.’ 
22 ‘Article 29 (1) The institutions in the system of pre-school and school 
education shall be legal entities. 
(2) With the exception of private kindergartens and private schools, institutions 
shall acquire the status of a legal entity from the day of promulgation of the 
decision on their establishment in the Darzhaven vestnik (Official Gazette), unless 
otherwise provided in that decision. 
(3) Private kindergartens and private schools shall acquire the status of a legal 
entity under the terms and conditions of the Law on commerce, the Law on non-
profit legal entities, the Law on cooperatives or the legislation of another Member 
State.’ 
23 Section II. Types of institutions 
‘Article 36 Schools shall be public, municipal, private or religious 
establishments.’ 
24 ‘Article 40 (1) Kindergartens and schools are private if they were founded 
by natural persons and/or legal entities as commercial companies, non-profit legal 
entities or cooperatives or as undertakings governed by the legislation of a 
Member State. 
(2) Private kindergartens and schools shall not carry out their activities until 
they have been entered in the register of institutions in the system of pre-school 
and school education under the conditions and in accordance with the procedure 
laid down in this Law. 
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(3) Private schools within the meaning of Article 38(1) and (2) and 
Article 39(2), points 1 to 3, of this Law may be established by natural persons 
and/or legal entities. 
(4) Private kindergartens and private schools may, under the provisions of this 
Law and under the legislation of another Member State – provided that they have 
obtained authorisation under the legislation of that Member State and that the 
requirements of the education system of that State can be combined with the State 
educational standards listed in Article 22 in school practice – provide teaching and 
issue certificates testifying to successful completion of pre-school education or of 
a school year, stage of education or attainment level.’ 
25 ‘Article 301 […] (1) Services other than those financed by the State under 
Article 10(3) of this Law which are provided by private kindergartens and private 
schools for payment shall be governed by the regulations of the relevant private 
kindergarten or private school. 
(2) The conditions and procedure for payment for the services referred to in 
paragraph (1) above and the amounts payable shall be agreed contractually 
between the private kindergarten or private school and the parent of the child or 
pupil. 
(3) Private kindergartens and private schools included in the system of state 
funding may levy a contribution from parents to cover costs incurred by the 
kindergarten or school for the provision and maintenance of facilities in which 
compulsory pre-school and school education of the children and pupils is 
delivered, the maximum amount per child or pupil being determined in 
accordance with the method prescribed in the State education standards for the 
funding of institutions. 
(4) Use of the services referred to in paragraph (1) above by a child or pupil 
shall not be a mandatory condition for his enrolment in the private kindergarten or 
private school and for his participation in compulsory school education or 
compulsory kindergarten education.’ 
26 Zakon za zashtita na potrebitelite (Law on consumer protection), ‘the ZZP’ 
27 Additional provisions 
‘Paragraph 13 For the purposes of this Law: 
1. “Consumer” shall mean any natural person who obtains goods or uses 
services that are not intended for the performance of commercial or professional 
activity and any natural person who, as a party to a contract under this Law, acts 
for a purpose which cannot be ascribed to his commercial or professional activity. 
2. […] “Trader” shall mean any natural or legal person who sells goods or 
offers goods for sale, provides services or enters into contracts with consumers as 
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part of his commercial or professional activity in the public or private sector, as 
well as any person acting in his name or on his behalf. 
… 
14. “Service” shall mean any material or intellectual activity that is carried out 
independently, is intended for another person and does not primarily consist in the 
transfer of possession of an object. 
… 
35. […] “Service contract” shall mean any contract under which the trader 
provides or undertakes to provide a service, including a digital service, to the 
consumer.’ 
28 Zakon za zadulzheniata i dogovorite (Law on obligations and contracts), ‘the 
ZZD’) 
29 ‘Article 8 […] A contract shall be an agreement between two or more persons for 
the purpose of establishing, regulating or terminating a legal relationship between 
them. 
Those persons shall exercise their rights in order to defend their interests. They 
must not exercise those rights in a manner which conflicts with the interests of 
society. 
Article 9 […] The parties may freely determine the content of the contract, 
provided that it is not contrary to mandatory legal provisions and accepted 
principles of morality.’ 
30 Agency contract 
‘Article 280 In an agency contract, the agent undertakes to carry out on behalf of 
the principal the activities entrusted to him by the principal.’ 
31 Contractual penalties 
‘Article 92 The purpose of a contractual penalty shall be to ensure the fulfilment 
of the contractual obligation and to make good the damage resulting from the 
breach of contract without it being necessary to establish proof of that damage. 
The creditor may also claim higher damages. 
[…] If the amount of the penalty is disproportionate to the damage or if the 
obligation has been incorrectly or only partially fulfilled, the court may reduce the 
penalty.’ 
32 Targovski zakon (Law on commerce), ‘the TZ’ 
33 ‘Part One. GENERAL PART 
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Chapter One. GENERAL 
Trader 
Article 1 (1) For the purposes of this Law, “trader” shall mean any natural or legal 
person who, on a commercial basis, carries out one of the following activities: 
1. the purchase of goods or other objects for resale in an unaltered, reworked or 
fabricated state; 
2. […] the sale of goods from his or its own production; 
3. […] the purchase of securities for resale; 
4. […] commercial representation and brokerage; 
5. […] commissioning, dispatch and transport transactions; 
6. […] insurance transactions; 
7. […] banking and monetary transactions; 
8. […] bills of exchange, promissory notes and cheques; 
9. […] warehousing transactions; 
10. […] licensing transactions; 
11. […] goods inspection; 
12. […] intellectual property transactions; 
13. […] hotel, tourism, advertising, information, programming, impresario and 
other services; 
14. […] purchase, construction or fitting and furnishing of immovable property 
for the purpose of sale; 
15. […] leasing. 
(2) Traders are: 
1. commercial companies; 
2. cooperatives, with the exception of housing cooperatives. 
(3) The term “trader” also applies to a person who operates an undertaking which, 
by its object and scale, requires its affairs to be conducted in a commercial 
manner, even if its activity does not fall within the scope of paragraph (1) above.’ 
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34 ‘Part Three. Commercial transactions 
Chapter Twenty-One. GENERAL 
Section I. GENERAL PROVISIONS 
DEFINITION OF COMMERCIAL TRANSACTION 
‘Article 286 […] (1) A commercial transaction is a transaction conducted by a 
trader in connection with his business activity. 
(2) The transactions referred to in Article 1(1) of this Law are commercial 
transactions, irrespective of the status of the persons conducting them. 
(3) In the event of doubt, a transaction conducted by a trader shall be deemed to 
have been conducted in connection with his business activity.’ 
35 Grazhdanski protsesualen kodeks (Code of Civil Procedure), ‘the GPK’ 
36 ‘Ex officio investigation principle 
Article 7 (3) The court shall examine of its own motion whether a consumer 
contract contains unfair terms. It shall give the parties the opportunity to make 
observations on that point.’ 
37 Chapter Twenty-Two. CASSATION APPEAL 
‘Article 280 (3) The following shall not be subject to cassation appeal: 
1. decisions on appeal cases with a value of up to BGN 5 000 for civil cases 
and up to BGN 20 000 for commercial cases, with the exception of decisions on 
actions relating to ownership and other rights in rem over immovable property as 
well as on related claims which are crucial to the ownership action;’ 
RELEVANT PROVISIONS OF EU LAW: 
38 Directive 2011/83/EU of the European Parliament and of the Council of 
25 October 2011 on consumer rights, amending Council Directive 93/13/EEC 
and Directive 1999/44/EC of the European Parliament and of the Council and 
repealing Council Directive 85/577/EEC and Directive 97/7/EC of the 
European Parliament and of the Council (Text with EEA relevance) 
39 Preamble 
‘(17) The definition of consumer should cover natural persons who are acting 
outside their trade, business, craft or profession. However, in the case of dual-
purpose contracts, where the contract is concluded for purposes partly within and 
partly outside the person’s trade and the trade purpose is so limited as not to be 
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predominant in the overall context of the contract, that person should also be 
considered as a consumer.’ 
40 ‘Article 2 – Definitions 
For the purpose of this Directive the following definitions shall apply: 
1. “consumer” means any natural person who, in contracts covered by this 
Directive, is acting for purposes which are outside his trade, business, craft or 
profession; 
2. “trader” means any natural person or any legal person, irrespective of 
whether privately or publicly owned, who is acting, including through any other 
person acting in his name or on his behalf, for purposes relating to his trade, 
business, craft or profession in relation to contracts covered by this Directive; 
… 
6. “service contract” means any contract other than a sales contract under which 
the trader supplies or undertakes to supply a service to the consumer and the 
consumer pays or undertakes to pay the price thereof;’ 
41 ‘Article 3 – Scope 
1. This Directive shall apply, under the conditions and to the extent set out in its 
provisions, to any contract concluded between a trader and a consumer. It shall 
also apply to contracts for the supply of water, gas, electricity or district heating, 
including by public providers, to the extent that these goods are provided on a 
contractual basis.’ 
42 ‘Article 27 – Inertia selling 
The consumer shall be exempted from the obligation to provide any consideration 
in cases of unsolicited supply of goods, water, gas, electricity, district heating or 
digital content or unsolicited provision of services, prohibited by Article 5(5) and 
point 29 of Annex I to Directive 2005/29/EC. In such cases, the absence of a 
response from the consumer following such an unsolicited supply or provision 
shall not constitute consent.’ 
LINK TO EU LAW 
NEED FOR INTERPRETATION: 
43 The Bulgarian education system encompasses kindergartens, in which pre-school 
education is provided, and schools, in which pre-school, primary, middle and 
secondary education is provided. 
44 For persons under 16 years of age, Article 8(2) of the ZPUO imposes an 
obligation to attend school. 
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45 In kindergartens, that is to say the pre-school stage, attendance is compulsory. It 
covers the education of children aged from 4 to 7 years. 
46 School education is the next level of education. It includes a primary stage for the 
7-to-10 age bracket, covering the first to the fourth year of school education (Year 
1 to Year 4). The next stage […] provides education for pupils aged 10 to 13, that 
is to say from the fifth to the seventh year of school education (Year 5 to Year 7). 
This upper primary or middle school stage ends on completion of the Year 7. 
Secondary education is divided into two stages. Secondary stage I comprises the 
eighth to the tenth years (Year 8 to Year 10), which means that it lasts until the 
age of 16. Schooling is compulsory until that point. Secondary stage II comprises 
Year 11 and Year 12. Compulsory schooling does not apply to that stage of 
secondary education. 
47 There are State schools and private schools, funded in different ways. Fees are 
charged for education in private schools, in other words parents meet the cost of 
their children’s education. Under Article 301(2) of the ZPUO, education in private 
schools is provided on the basis of a contract concluded between the school and 
the pupil’s parents. 
48 In the present case, it is common ground that the applicant is a private school 
which is registered as a single-member limited liability company under Article 40 
of the ZPUO. The applicant is therefore acting not as a non-profit legal entity or a 
cooperative, but as a trader. The applicant engages in a commercial activity, 
namely providing education to pupils in Years 1 to 7. This means that the 
applicant educates pupils up to the age of 13. It carries out an activity that is 
compulsory for its pupils, since it is compulsory for Bulgarian children to attend 
school until the tenth year of schooling or the age of 16. 
49 Education is provided in accordance with the State education standards, which are 
set down in regulations enacted by the Minister of Education and Science. Those 
standards define school subjects, the number of teaching hours and the duration of 
courses. In the case of private schools, however, a contract is concluded between 
the parents of pupils and the private school, which lays down the parameters for 
schooling, namely school fees, payment deadlines and the parties’ rights and 
obligations. In the contract, arrangements are agreed upon which are not governed 
by law or education standards. 
50 On the one hand, the applicant and the defendant concluded an education contract 
for a period during which the pupils were subject to compulsory schooling in 
Bulgaria. The subject of the contract is therefore the provision of education to 
pupils during the compulsory stage of schooling. The applicant provides a 
service – educating and imparting knowledge. The defendant’s consideration is 
the remuneration stipulated in the contract. Furthermore, the contract was not 
concluded in the context of the parents’ economic, industrial, craft or professional 
activity, but in the context of the school’s activity. The contract, however, fulfils 
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the defendant’s obligation, as a parent, to send his children to school until the age 
of 16. 
51 On the other hand, the applicant engages in a business activity and acts 
commercially by providing educational services to pupils during the compulsory 
stage of schooling. The applicant is a commercial company. The defendant is a 
person who is required to enrol his children in compulsory education. The 
decision to enrol the children in a State school or private school lies solely with 
the defendant, that is to say with the child’s parents. Private schools differ from 
state schools in terms of their method of financing and the school fees which are 
payable. In State schools, education is free of charge, whereas at private schools it 
is paid for by pupils’ parents. 
52 There is no difference in the education provided in terms of compulsory subjects, 
the number of teaching hours and the curriculum. The difference between the two 
types of school lies in the additional benefits, namely catering, transport, 
additional elective subjects, additional extracurricular activities, class sizes, etc. In 
terms of educational practice, the difference lies in the individual approach to 
education in private schools. This is because the number of pupils is smaller and it 
is possible to work individually with them on a given subject. 
53 In those circumstances, the court is uncertain whether the contract concluded 
between the parties is a consumer, private or commercial contract. It is not clear to 
the referring court whether the defendant is a consumer of a service, given that he 
is legally bound to send his children to school. At the same time, the parents 
conclude a contract, and the children are users of the educational service. The 
referring court is therefore uncertain not only whether the defendant is a 
consumer, but also whether the pupils are consumers under that contract. 
54 It is not clear to the court whether, in the case at hand, it can apply Directive 
2011/83/EU to the legal relationship in question. The need for interpretation with 
regard to consumer status, the supply of a good and the applicability of the 
Directive stems from the need to determine whether the education provided by a 
private school at a compulsory stage of schooling constitutes a service within the 
meaning of the directive and whether parents and children are consumers of that 
service. The ambiguity arises from the fact that the education offered is 
compulsory, not voluntary. The service can be provided by both State schools and 
private schools. 
55 An answer to those questions and the interpretation of the directive are necessary, 
since the principle of investigation of the court’s own motion applies to consumer 
disputes on the basis of Article 7(3) of the GPK. In matters concerning consumer 
contracts, the principle applies that the court may investigate, gather evidence and 
examine the applicability of mandatory rules of law of its own motion. In 
consumer cases, the court acts ex officio. 
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56 Furthermore, in consumer disputes, the court may of its own motion apply a 
mandatory rule of law for reasons of consumer protection, even if the defendant 
has not relied on it. 
57 The questions are relevant to the case in so far as it concerns the rights and 
obligations of pupils and parents. If the answer to the questions is that the 
education contract concluded with the private school is a consumer contract, the 
question then arises whether the principle of exemption from the obligation to 
provide any consideration in the case of an unsolicited provision of services 
within the meaning of Article 27 of the Directive must be applied. In that case, 
can the child or parent rely on not having wanted lessons in particular subjects or 
a particular number of hours of lessons in compulsory and elective subjects? Can 
the parents’ obligation to pay the requested school fees be reduced if it is claimed 
that the child did not request lessons in a particular subject for a particular number 
of hours? The problem arises from the legal obligation to attend school until the 
age of 16 (Year 10) and from the fact that a minimum number of subjects are to be 
taught, each for a minimum number of hours, by order of the Minister for 
Education. 
58 Education is a sensitive area which requires proportionate application of the 
principles relating to consumer protection, in other words to the economic field, as 
well as to compulsory education. The reason for this is that younger children need 
strict supervision and a binding minimum curriculum. Accordingly, in the realm 
of education it should not be the task of pupils and parents to choose for 
themselves which subjects they are taught and what they need. 
59 In view of the fact that education in accordance with State education standards is 
compulsory, it is unclear to the court whether the contract in its entirety is a 
consumer contract. It is possible that the contract is a consumer contract only in 
respect of the part that does not concern teaching and education, namely school 
catering, transport, after-school care and other services, that is to say everything 
going beyond the prescribed minimum standards. The question is whether the 
contract is a consumer contract only outside the sphere of prescribed educational 
standards, in other words whether it relates to a service and activity which, unlike 
education, is not specific to schools. 
60 The present request for a preliminary ruling therefore concerns, in essence, the 
question whether the Consumer Protection Directive must be interpreted as 
applying to cases in which parents conclude a contract for their children’s 
schooling at a compulsory stage of education with a private school registered as a 
business undertaking. 
61 Is the term ‘consumer’ to be interpreted as meaning that, in the case of a contract 
for compulsory education between the parents and a private school, the parents are 
consumers of the service? It is unclear to the referring court whether pupils who 
receive compulsory education at a private school registered as a business 
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undertaking acquire the status of consumers of a service within the meaning of the 
aforementioned provision or whether the parents are the consumers. 
62 Furthermore, it is unclear to the court whether the education provided at a 
compulsory stage in a private school is to be understood as a service where it is 
provided in accordance with State education standards. 
63 The interpretation of the cited provisions is relevant for the purpose of answering 
the question whether the contract at issue is a consumer, private or commercial 
contract. […] The doubts arise from the fact that the nature of the contract 
determines whether or not a cassation appeal is admissible. The interpretation will 
clarify whether the parties have the right to appeal at third instance or whether 
their only remedy is the appeal at second instance for which Article 280 of the 
GPK provides. 
64 The court found that the conditions for an urgent procedure under Article 107 of 
the Rules of Procedure of the Court of Justice of the European Union for the 
present request for a preliminary ruling were not met. 
65 On those grounds, the court issues the following 
ORDER: 
66 The following questions are referred to the Court of Justice of the European 
Union for a preliminary ruling under Article 267 TFEU and Article 629 of the 
GPK: 
1. Is the term ‘consumer’ within the meaning of Article 2(1) of Directive 
2011/83/EU of the European Parliament and of the Council of 25 October 
2011 on consumer rights, amending Council Directive 93/13/EEC and 
Directive 1999/44/EC of the European Parliament and of the Council and 
repealing Council Directive 85/577/EEC and Directive 97/7/EC of the 
European Parliament and of the Council (Text with EEA relevance), to be 
interpreted as including a parent who has concluded a contract with a 
private school registered as a commercial company for the compulsory 
schooling of his or her children at that school? 
2. Is the term ‘consumer’ within the meaning of Article 2(1) of Directive 
2011/83/EU of the European Parliament and of the Council of 25 October 
2011 on consumer rights, amending Council Directive 93/13/EEC and 
Directive 1999/44/EC of the European Parliament and of the Council and 
repealing Council Directive 85/577/EEC and Directive 97/7/EC of the 
European Parliament and of the Council (Text with EEA relevance), to be 
interpreted as including a pupil who, under a contract for payable 
education concluded between a parent and a private school registered as a 
commercial company, receives compulsory schooling at that private 
school? 
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3. Is the term ‘service contract’ within the meaning of Article 2(6) of Directive 
2011/83/EU of the European Parliament and of the Council of 25 October 
2011 on consumer rights, amending Council Directive 93/13/EEC and 
Directive 1999/44/EC of the European Parliament and of the Council and 
repealing Council Directive 85/577/EEC and Directive 97/7/EC of the 
European Parliament and of the Council (Text with EEA relevance), to be 
interpreted as including a contract concluded between a parent and a 
private school registered as a commercial company on the provision to 
pupils of compulsory schooling under which the financing by the parent 
takes the form of the payment of school fees? 
4. If the answer to one or more of the preceding three questions is in the 
affirmative, the question to be answered is whether Article 27 of Directive 
2011/83/EU of the European Parliament and of the Council of 25 October 
2011 on consumer rights, amending Council Directive 93/13/EEC and 
Directive 1999/44/EC of the European Parliament and of the Council and 
repealing Council Directive 85/577/EEC and Directive 97/7/EC of the 
European Parliament and of the Council (Text with EEA relevance), is to be 
interpreted as meaning that the pupil or parent may be exempted from 
payment of school fees if they have not requested education, or are not 
satisfied with the education provided, in a particular school subject, and that 
subject is compulsory under the state education standards? 
[on the stay of proceedings, service on the parties of copies of the order and 
finality of the decision] 
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