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Case C-446/17: Order of the Court of Justice (Eighth Chamber) of 7 December 2017 (request for a preliminary ruling from the Vredegerecht te Antwerpen — Belgium) — Woonhaven Antwerpen v Khalid Berkani, Asmae Hajji (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Unfair terms — Rental contract concluded between a recognised social housing association and a tenant — Model rental contract made binding by an act of national legislation — Directive 93/13/EEC — Article 1(2) — Inapplicability of that directive)
ECLI:EU:UNKNOWN:62017CB0446
62017CB0446
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19.2.2018
Official Journal of the European Union
C 63/4
(Case C-446/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Unfair terms - Rental contract concluded between a recognised social housing association and a tenant - Model rental contract made binding by an act of national legislation - Directive 93/13/EEC - Article 1(2) - Inapplicability of that directive))
(2018/C 063/05)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Woonhaven Antwerpen
Defendants: Khalid Berkani, Asmae Hajji
Operative part of the order
Article 1(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that that directive is not applicable to conditions contained in the social rental contract concluded between a recognised social housing association and a tenant, which are determined by national legislation such as Article 11 of the model rental contract annexed to the Besluit van de Vlaamse Regering tot reglementering van het sociale huurstelsel ter uitvoering van titel VII van de Vlaamse Wooncode (Flemish Government Decree to regulate the social rental system implementing Title VII of the Flemish Housing Code), of 12 October 2007.
(<span class="super note-tag">1</span>) OJ C 318, 25.9.2017.