Request for a preliminary ruling from the Rayonen sad Nessebar (Bulgaria) lodged on 13 April 2023 – ‘Astoria Management’ OOD v CW

(Case C-234/23, Astoria Management)

Language of the case: Bulgarian

Referring court

Rayonen sad Nessebar

Parties to the main proceedings

Applicant: ‘Astoria Management’ OOD

Defendant: CW

Questions referred

Is a limitation within the meaning of Article 52 of the Charter of Fundamental Rights of the European Union of the right to ‘freedom of contract’ in the relationship between trader and consumer enshrined in Article 16 of the Charter of Fundamental Rights of the European Union, as it results from Article 51 of the Zakon za upravlenie na etazhnata sobstvenost (Law on the management of co-owned property; ‘the ZUES’), as interpreted in accordance with the settled case-law of the Republic of Bulgaria – according to which a contract concluded by an individual owner of a property in a building in co-ownership, who in the present case is a consumer within the meaning of Council Directive 93/13/EEC ¹ of 5 April 1993, on matters governed by Article 51 of the ZUES, irrespective of whether the contract also governs other matters which fall outside of the exclusive competence of the general assembly of apartment owners, is void under Article 26(1) variant 1 of the Zakon zu zadalzheniyata i dogovorite (Law on obligations and contracts; ‘the ZZD’) for breach of substantive law – permissible?

Is a limitation within the meaning of Article 52 of the Charter of Fundamental Rights of the European Union of the right to ‘freedom of contract’ in the relationship between trader and consumer guaranteed in Article 38 of the Charter of Fundamental Rights of the European Union and by Council Directive 93/13/EEC of 5 April 1993, as it results from Article 51 of the ZUES, as interpreted in accordance with the settled case-law of the Republic of Bulgaria – according to which a contract concluded by an individual owner of a property in a building in co-ownership, who in the present case is a consumer within the meaning of Council Directive 93/13/EEC of 5 April 1993, on matters governed by Article 51 of the ZUES, irrespective of whether the contract also governs other matters which fall outside of the exclusive competence of the general assembly of apartment owners, is void under Article 26(1) variant 1 of the ZZD for breach of substantive law – permissible?

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¹ Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).