CELEX: 62019CA0208
Language: en
Date: 2020-05-14 00:00:00
Title: Case C-208/19: Judgment of the Court (Sixth Chamber) of 14 May 2020 (request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz — Austria) — NK v MS, AS (Reference for a preliminary ruling — Consumer protection — Consumer rights — Directive 2011/83/EU — Scope — Article 3(3)(f) — Concept of ‘contracts for the construction of new buildings’ — Article 16(c) — Concept of ‘goods made to the consumer’s specifications or clearly personalised’ — Contract between an architect and a consumer concerning the drawing up of a plan for a new single-family house)

20.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 240/21
            
         
      Judgment of the Court (Sixth Chamber) of 14 May 2020 (request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz — Austria) — NK v MS, AS
      (Case C-208/19) (1)
      
      (Reference for a preliminary ruling - Consumer protection - Consumer rights - Directive 2011/83/EU - Scope - Article 3(3)(f) - Concept of ‘contracts for the construction of new buildings’ - Article 16(c) - Concept of ‘goods made to the consumer’s specifications or clearly personalised’ - Contract between an architect and a consumer concerning the drawing up of a plan for a new single-family house)
      (2020/C 240/28)
      Language of the case: German
      
         Referring court
      
      Landesgericht für Zivilrechtssachen Graz
      
         Parties to the main proceedings
      
      
         Applicant: NK
      
         Defendants: MS, AS
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 3(3)(f) 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 must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing only, for the latter, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the construction of a new building, within the meaning of that provision.
               
            
                  2.
               
               
                  Article 2(3) and (4) and Article 16(c) of Directive 2011/83 must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing for the latter, in accordance with the latter’s specifications and wishes, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the supply of goods made to the consumer’s specifications or clearly personalised, within the meaning of that provision.
               
            
         (1)  OJ C 172, 20.5.2019