CELEX: 62017CN0446
Language: en
Date: 2017-07-24 00:00:00
Title: Case C-446/17: Request for a preliminary ruling from the Vredegerecht te Antwerpen (Belgium) lodged on 24 July 2017 — Woonhaven Antwerpen v Khalid Berkani, Asmae Hajji

25.9.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 318/10
            
         Request for a preliminary ruling from the Vredegerecht te Antwerpen (Belgium) lodged on 24 July 2017 — Woonhaven Antwerpen v Khalid Berkani, Asmae Hajji
   (Case C-446/17)
   (2017/C 318/16)
   Language of the case: Dutch
   
      Referring court
   
   Vredegerecht te Antwerpen
   
      Parties to the main proceedings
   
   
      Applicant: Woonhaven Antwerpen
   
      Defendants: Khalid Berkani, Asmae Hajji
   
      Questions referred
   
   
               1.
            
            
               Should a social housing association recognised by the Flemish Government which rents out social housing to a consumer at a rental price which depends, on the one hand, on the market value determined by that association itself and, on the other hand, on the income and the family composition of the tenant, be considered an undertaking within the meaning of European law?
            
         
               2.
            
            
               Is the relationship between a recognised social housing association and a consumer when that consumer rents social housing from that social housing association, and in particular Article 11 of the model contract which forms part of that relationship, a contract within the meaning given to that term in Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts?
            
         
               3.
            
            
               Does a contract or statutory relationship whereby a recognised social housing association rents out social housing to a consumer fall within the scope of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and should a recognised social housing association which rents out social housing to a consumer at a rental price which depends, on the one hand, on the market value determined by that association itself and, on the other hand, by the income and family composition of the tenant, be considered a seller or supplier within the meaning of that Directive?
            
         
      (1)  OJ 1993 L 95, p. 29.