CELEX: 62016CN0147
Language: en
Date: 2016-03-14 00:00:00
Title: Case C-147/16: Request for a preliminary ruling from the Vredegerecht te Antwerpen (Belgium) lodged on 14 March 2016 — Karel de Grote — Hogeschool Katholieke Hogeschool Antwerpen VZW v Susan Romy Jozef Kuijpers

13.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/28
            
         
      Request for a preliminary ruling from the Vredegerecht te Antwerpen (Belgium) lodged on 14 March 2016 — Karel de Grote — Hogeschool Katholieke Hogeschool Antwerpen VZW v Susan Romy Jozef Kuijpers
      (Case C-147/16)
      (2016/C 211/36)
      Language of the case: Dutch
      
         Referring court
      
      Vredegerecht te Antwerpen
      
         Parties to the main proceedings
      
      
         Applicant: Karel de Grote — Hogeschool Katholieke Hogeschool Antwerpen VZW
      
         Defendant: Susan Romy Jozef Kuijpers
      
         Questions referred
      
      
                  1.
               
               
                  Does a national court, when a claim is lodged with it against a consumer in relation to the performance of a contract and that court, under national procedural rules, has the power only to examine of its own motion whether the claim is contrary to mandatory national rules, have the power to examine in the same manner, of its own motion, even in the event of the consumer’s non-appearance at the hearing, and to determine whether the contract in question comes within the scope of [Council Directive 93/13/EEC (1) of 5 April 1993] on unfair terms in consumer contracts, as implemented in Belgian law?
               
            
                  2.
               
               
                  Is a free educational establishment which provides subsidised tuition to a consumer to be regarded, in respect of the contract for the provision of that tuition in return for payment of a registration fee, increased, as it may be, by amounts for the reimbursement of costs incurred by the educational establishment, as an undertaking within the meaning of EU law?
               
            
                  3.
               
               
                  Does a contract between a consumer and a free subsidised educational establishment relating to the provision of subsidised tuition by that establishment come within the scope of Directive 93/13/EEC … and is a free educational establishment which provides subsidised tuition to a consumer to be regarded, in respect of the contract for the provision of that tuition, as a seller or supplier within the meaning of that directive?
               
            
         (1)  OJ 1993 L 95, p. 29.