CELEX: 62017CA0590
Language: en
Date: 2019-03-21 00:00:00
Title: Case C-590/17: Judgment of the Court (Third Chamber) of 21 March 2019 (request for a preliminary ruling from the Cour de cassation — France) — Henri Pouvin, Marie Dijoux, the spouse of Henri Pouvin v Électricité de France (EDF) (Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Article 2(b) and (c) — Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower)

3.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 187/21
            
         
      Judgment of the Court (Third Chamber) of 21 March 2019 (request for a preliminary ruling from the Cour de cassation — France) — Henri Pouvin, Marie Dijoux, the spouse of Henri Pouvin v Électricité de France (EDF)
      (Case C-590/17) (1)
      
      (Reference for a preliminary ruling - Directive 93/13/EEC - Scope - Article 2(b) and (c) - Concepts of ‘consumer’ and of ‘seller or supplier’ - Finance for the purchase of a home - Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower)
      (2019/C 187/23)
      Language of the case: French
      
         Referring court
      
      Cour de cassation
      
         Parties to the main proceedings
      
      
         Applicants: Henri Pouvin, Marie Dijoux, the spouse of Henri Pouvin
      
         Defendant: Électricité de France (EDF)
      
         Operative part of the judgment
      
      Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the employee of an undertaking and his spouse, who conclude a loan contract with that undertaking, reserved, principally, to members of staff of that undertaking, with a view to financing the purchase of real estate for private purposes, must be regarded as ‘consumers’, within the meaning of that provision;
      Article 2(c) of Directive 93/13 must be interpreted as meaning that that undertaking must be regarded as a ‘seller or supplier’, within the meaning of that provision, where it concludes such a loan contract in the context of its professional activity, even if granting loans does not constitute its main activity.
      
         (1)  OJ C 437, 18.12.2017.