13.6.2016

Official Journal of the European Union

C 211/28

(Case C-147/16)

(2016/C 211/36)

Language of the case: Dutch

Referring court

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?

* Language of the case: Dutch.

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