C 472/20
EN
Official Journal of the European Union
12.12.2022
Operative part of the judgment Article 2(2)(g) of Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 and, in particular, the concept of ‘other medically determined nutrient requirements’, must be interpreted as meaning that a product constitutes a food for special medical purposes if the disease results in increased or specific nutritional requirements which the food is intended to cover, such that it is not sufficient, for the purposes of such a qualification, that the patient derives a general benefit from the intake of that food because the substances that it contains counteract the disorder or alleviate its symptoms.
(1)
OJ C 471, 22.11.2021.
Judgment of the Court (Eighth Chamber) of 27 October 2022 (request for a preliminary ruling from the Rayonen sad — Nesebar — Bulgaria) — ‘S.V.’
OOD v E. Ts. D. (Case C-485/21) (1) (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 2(b) — Concept of ‘consumer’ — Article 2(c) — Concept of ‘seller or supplier’ — Natural person who owns an apartment in a building in co-ownership — Different types of legal relationships relating to the management and maintenance of that building — Difference in treatment, as regards the status of consumer, arising from the law of a Member State between co-owners who have concluded an individual contract for the management and maintenance of the communal areas of such a building and those who have not concluded such a contract) (2022/C 472/23) Language of the case: Bulgarian Referring court Rayonen sad — Nesebar
Parties to the main proceedings Applicant: ‘S.V.’
OOD Defendant: E. Ts. D.
Operative part of the judgment Article 1(1) and Article 2(b) and (c) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that: — a natural person who owns an apartment in a building in co-ownership must be regarded as a ‘consumer’, within the meaning of that directive, where that person enters into a contract with a managing agent for the purpose of managing and maintaining the communal areas of that building, provided that he or she does not use that apartment for purposes which fall exclusively within his or her trade, business or profession.
The fact that some of the services provided by that managing agent under that contract are the result of the need to comply with specific requirements relating to safety and town and country planning laid down by national law is not such as to remove that contract from the scope of that directive,