25.9.2017

Official Journal of the European Union

C 318/10

(Case C-446/17)

(2017/C 318/16)

Language of the case: Dutch

Referring court

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?

* Language of the case: Dutch.

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