Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 3 July 2023 – I. SA v S.J.

(Case C-410/23, Pielatak) ¹

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: I. SA

Defendant: S.J.

Questions referred

Do Article 2(b) and (c) of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the definition of consumer ¹ contained therein, and recital 17 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, ² also cover a farmer who concludes a contract for the purchase of electricity both for an agricultural holding and for private purposes for a household?

Must Article 3(5) and (7) of and recital 51 and Annex I(1)(a) and (e) to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, ¹ which requires that no charge be levied on consumers in the event of withdrawal from a contract for the provision of electricity services, be interpreted as precluding the possibility of imposing a contractual penalty on an energy consumer customer for the termination of a fixed-term contract for the provision of electricity (Article 4j(3a) of the Polish Law on energy of 10 April 1997)?

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¹ This case has been given a fictitious name which does not correspond to the real name of any of the parties to the proceedings.

¹ OJ. 1993 L 95, p. 29; Polish Special Edition: Chapter 15 Volume 002 P. 288 – 293.

¹ OJ 2011 L 304, p. 64.

¹ OJ 2009 L 211, p. 55.