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Case C-590/17: Judgment of the Court (Third Chamber) of 21 March 2019 (request for a preliminary ruling from the Cour de cassation — France) — Henri Pouvin, Marie Dijoux, the spouse of Henri Pouvin v Électricité de France (EDF) (Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Article 2(b) and (c) — Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower)
ECLI:EU:UNKNOWN:62017CA0590
62017CA0590
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Official Journal of the European Union
C 187/21
(Case C-590/17) (*)
(Reference for a preliminary ruling - Directive 93/13/EEC - Scope - Article 2(b) and (c) - Concepts of ‘consumer’ and of ‘seller or supplier’ - Finance for the purchase of a home - Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower)
(2019/C 187/23)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Henri Pouvin, Marie Dijoux, the spouse of Henri Pouvin
Defendant: Électricité de France (EDF)
Operative part of the judgment
Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the employee of an undertaking and his spouse, who conclude a loan contract with that undertaking, reserved, principally, to members of staff of that undertaking, with a view to financing the purchase of real estate for private purposes, must be regarded as ‘consumers’, within the meaning of that provision;
Article 2(c) of Directive 93/13 must be interpreted as meaning that that undertaking must be regarded as a ‘seller or supplier’, within the meaning of that provision, where it concludes such a loan contract in the context of its professional activity, even if granting loans does not constitute its main activity.
(*) Language of the case: French.