Case C-445/21: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 July 2021 — EUROBANK BULGARIA AD v NI, RZ, DMD DEVELOPMENTS OOD
Date: 2021-07-15
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, economic activity, investment project, jurisdiction, legal domicile, private international law, real estate credit, residence








C_2021412EN.01000601.xml










11.10.2021   


EN


Official Journal of the European Union


C 412/6






Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 July 2021 — EUROBANK BULGARIA AD v NI, RZ, DMD DEVELOPMENTS OOD
(Case C-445/21)
(2021/C 412/03)
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings


Applicant: EUROBANK BULGARIA AD

Defendants: NI, RZ, DMD DEVELOPMENTS OOD

Questions referred







1.


Must the concept of ‘consumer’, as used in Article 17 of Regulation (EU) No 1215/2012 (1) of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, be interpreted in the light of its content as defined in the context of Council Directive 87/102/EEC (2) of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, or is its content independent?










2.


In considering whether a person is a ‘consumer’, is it the purpose arising from the legitimate effect of the contract, which in this case grants the possibility of a future profit (investment project), that is relevant, or is it the connection between the contract and the commercial or professional activity pursued by the person at the time of conclusion of the contract?










3.


Must the term ‘loan repayable by instalments’, as used in Article 17(1)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, be interpreted as referring only to contracts relating to goods (tangible property, movable property) or does it cover all loans, including those under a bank loan agreement concluded for the purpose of purchasing a residential property?










4.


Where Regulation No 1215/2012 refers to the national law of the court seised in relation to the concept of being ‘domiciled’ in Article 62(1), is it possible to infer from that regulation autonomous criteria (for example, a formal indication of connection with a particular territory) for determining whether a party is domiciled in the territory of the Member State before whose court an action against a consumer is pending?










5.


To the extent that a credit agreement entered into for the purpose of purchasing a residential property is a consumer contract within the meaning of Article 17(1)(c), what is the meaning of the term ‘habitually resident’ as used in Article 19(3) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and, in particular, is it possible that it is related to the centre of the consumer’s main interests?










6.


If, in order to ensure its effective application, Regulation (EU) No 1215/2012 lays down autonomous criteria in relation to the concept of ‘domicile’, must local jurisdiction also be determined on the basis of that concept?






(1)  OJ 2012 L 351, p. 1.

(2)  OJ 1987 L 42, p. 48.