20.5.2019   

EN

Official Journal of the European Union

C 172/19


Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz (Austria) lodged on 4 March 2019 — NK v Ms and AS

(Case C-208/19)

(2019/C 172/22)

Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Graz

Parties to the main proceedings

Applicant: NK

Defendants: Ms and AS

Questions referred

1.

Is a contract between an architect and a consumer, according to which the architect is required (only) to carry out the planning for the construction of a new single-family house, including the preparation of plans, a contract ‘for the construction of new buildings’ within the meaning of Article 3(3)(f) 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? (1)

2.

If Question 1 is answered in the negative:

Is a contract between an architect and a consumer, according to which the architect is required to carry out the planning for the construction of a new single-family house in accordance with the specifications and wishes of his clients and, in this context, is required to draw up plans, a contract for the supply of ‘goods made to the consumer’s specifications or clearly personalised’ within the meaning of Article 16(c) and Article 2(3) and (4) of Directive 2011/83?


(1)  OJ 2011 L 304, p. 64.