23.3.2013

Official Journal of the European Union

C 86/7

(Case C-496/12)

2013/C 86/10

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Spoločenstvo vlastníkov bytov MYJAVA

Defendant: Podtatranská vodárenská prevádzková spoločnosť, a.s.

Questions referred

1.Must the provisions of European Union directives such as Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, and other directives intended for the protection of consumers, be interpreted as meaning that the same protection as for consumers is also afforded to a legal person, if in contracts covered by those directives it acts for purposes which are not related to a trade or business?

2.Must the provisions of European Union directives such as Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees and Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings, which when goods supplied are ascertained to be faulty limits a restitutionary claim such as a claim to recovery of the proceeds of unjust enrichment solely to the period from the last reading of the water meter carried out before the submission of the request is incompatible with them?

Language of the case: Slovak.

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(1) OJ 1999 L 171, p. 12.

(2) OJ 1985 L 210, p. 29.