Request for a preliminary ruling from the Cour de cassation (France) lodged on 12 October 2017 — Henri Pouvin, Marie Dijoux, wife of Henri Pouvin v Electricité de France (EDF)

(Case C-590/17)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicants: Henri Pouvin, Marie Dijoux, wife of Henri Pouvin

Defendant: Electricité de France (EDF)

Questions referred

Is Article 2 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts ¹ to be interpreted as meaning that a company such as EDF, where it grants an employee a mortgage loan covered by the scheme providing assistance for the purchase of a home, for which only members of the staff of that company are eligible, is acting as a seller or supplier?

Is Article 2 of Directive 93/13/EEC to be interpreted as meaning that a company such as EDF, where it grants such a mortgage loan to the spouse of an employee who is not a member of the staff of that company but is jointly and severally liable as co-borrower, is acting as a seller or supplier?

Is Article 2 of Directive 93/13/EEC to be interpreted as meaning that an employee of a company such as EDF who enters into an agreement with the company for such a loan is acting as a consumer?

Is Article 2 of Directive 93/13/EEC to be interpreted as meaning that the spouse of such an employee who enters into the same loan, not as an employee of the company but as a jointly and severally liable co-borrower, is acting as a consumer?

____________

¹ OJ 1993 L 95, p. 29.