Case C-429/24, St. Kliment Ohridski Primary Private School: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 18 June 2024 – St. Kliment Ohridski Primary Private School EOOD v QX
Date: 2024-06-18
Institutions: Court of Justice
Subjects: compulsory education, consumer, firm governed by commercial law, private education, provision of services, pupil, school fees, teaching curriculum








C_202405082EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5082


26.8.2024






Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 18 June 2024 – St. Kliment Ohridski Primary Private School EOOD v QX


(Case C-429/24, St. Kliment Ohridski Primary Private School)

(C/2024/5082)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicant: St. Kliment Ohridski Primary Private School EOOD

Defendant: QX

Questions referred







1.


Is the term ‘
consumer
’ within the meaning of Article 2(1) of Directive 2011/83/EU (1) 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?










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?






(1)  
            OJ 2011 L 304 p. 64.


ELI: http://data.europa.eu/eli/C/2024/5082/oj
ISSN 1977-091X (electronic edition)