Official Journal of the European Union

EN

C series

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C/2025/3495

7.7.2025

(Case C-188/25, Štátny fond rozvoja bývania)

(C/2025/3495)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Štátny fond rozvoja bývania

Defendants: GL, KL, SC

Questions referred

Must Article 2(c) of Council Directive 93/13/EEC (<span class="oj-super oj-note-tag">1</span>) of 5 April 1993 on unfair terms in consumer contracts be interpreted as meaning that the Štátny fond rozvoja bývania (State Housing Development Fund), which has concluded with natural persons an agreement for assistance in connection with the provision of housing, is to be regarded as a ‘seller or supplier’ within the meaning of that provision of the directive, and that the agreement in question is covered by the scope of that directive?

If the answer to the first question is in the negative, must Article 1(1) and Article 2(b) of Directive 93/13 be interpreted as meaning that that directive applies to a guarantee agreement concluded between a natural person and the State Housing Development Fund for the purpose of securing the performance of obligations arising from an agreement, where that natural person received no consideration from the Fund and acted for purposes which are outside his or her trade, business or profession?

If the answer to the first question is in the affirmative, does EU law preclude a legal opinion of a higher court from being binding on a lower court to which the case has been referred for further consideration, if, according to the legal opinion of the higher court, the State Housing Development Fund is not covered by the scope of Directive 93/13?

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(1) OJ 1993 L 95, p. 29.

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ELI: http://data.europa.eu/eli/C/2025/3495/oj

ISSN 1977-091X (electronic edition)

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