Case C-725/17: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 27 December 2017 — Toplofikatsia Sofia EAD v Mitko Simoneov Dimitrov
Date: 2017-12-27
Institutions: Court of Justice
Subjects: consumer information, contract, heating, joint ownership, multi-storey dwelling








C_2018094EN.01001101.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/11





Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 27 December 2017 — Toplofikatsia Sofia EAD v Mitko Simoneov Dimitrov
(Case C-725/17)
(2018/C 094/14)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicant: Toplofikatsia Sofia EAD

Defendant: Mitko Simoneov Dimitrov

Questions referred







1.


Does [Directive 2011/83/EU], (1) which excludes from its scope the rules of conventional contract law on the conclusion of contracts, also exclude legislation governing this extremely atypical, legally prescribed structure for the existence of a contractual relationship?










2.


If the directive does not exclude specific legislation in that situation, does that contract fall within the scope of Article 5 of the directive or of a different instrument? In the event that it is a contract or in the event that it is not, is the directive applicable in the present case?










3.


Are such de facto contracts covered by the directive, irrespective of the time they arise, or does the directive apply only to newly acquired or, even more restrictively, to newly built apartments (that is to say, user-installations requesting connection to the district heating network)?










4.


If the directive is applicable: does the national legislation infringe Article 5(1)(f), read in conjunction with paragraph 2, which provide for the right to terminate the legal relationship (or the fundamental possibility of doing so)?










5.


Thus, in the event that a contract is concluded, is a particular form required, and what information must be provided to the consumer (understood to be the individual owner of an apartment and not a community of separate apartment owners)? Does failure to provide timely and accessible information affect the existence of a legal relationship?










6.


In order to be a party to such a legal relationship, is a specific request necessary, thus a formally expressed intention of the consumer?










7.


If a contract, be it formal or informal, is concluded, does heating of the common parts of the building (in particular the stairwells) form part of the subject matter of the contract and has the consumer ordered a service in that area of the building, if no request has been expressly made for that service by that consumer or even by the whole building in co-ownership (for example, when radiators have been removed — as appears to have happened in a great number of cases — the experts not mentioning that there are heating appliances in the common parts of the building)?










8.


In the light of the above, is the fact that the heating supply is terminated in a private apartment relevant (or does it make a difference) as regards the owner’s status as a consumer who has requested heating of the common parts of the building?






(1)  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

OJ 2011 L 304, p. 64