Comunicaciones al DO nº C-446/17 of Tribunal de Justicia, Sala Octava, September 08, 2017
Resolution Date | September 08, 2017 |
Issuing Organization | Sala Octava |
Decision Number | C-446/17 |
Petición de decisión prejudicial planteada por el Vredegerecht te Antwerpen (Bélgica) el 24 de julio de 2017 - Woonhaven Antwerpen / Khalid Berkani, Asmae Hajji
(Asunto C-446/17)
Lengua de procedimiento: neerlandés
Órgano jurisdiccional remitente
Vredegerecht te Antwerpen
Partes en el procedimiento principal
Demandante: Woonhaven Antwerpen
Demandadas: Khalid Berkani, Asmae Hajji
Cuestiones prejudiciales
¿Debe tener la consideración de empresa en el sentido de Derecho de la Unión una empresa de vivienda social reconocida por el Gobierno flamenco que arrienda una vivienda social a un consumidor a cambio de una renta que, por un lado, está supeditada al valor de mercado determinado por la propia empresa y, por otro, a los ingresos y a la composición de la familia del arrendatario?
¿Constituye una relación entre una empresa de vivienda social reconocida y un consumidor, cuando dicho consumidor alquila una vivienda social de la empresa de vivienda social, y en particular la cláusula 11 del contrato tipo de arrendamiento, que forma parte de dicha relación, un contrato en el sentido de la Directiva 93/13/CEE 1 del Consejo, de 5 de abril de 1993, sobre las cláusulas abusivas en los contratos celebrados con consumidores?
¿Quedan comprendidos en el ámbito de aplicación de la...
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