JUDGMENT OF THE COURT

(Sixth Chamber)

of 1 April 2004

in Case C-237/02 (reference for a preliminary ruling from the Bundesgerichtshof): Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG v Ludwig Hofstetter, Ulrike Hofstetter  (1)

(‘Directive 93/13/EEC - Unfair terms in consumer contracts - Contract for the building and supply of a parking space - Reversal of the order of performance of contractual obligations provided for under national law - Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations - Obligation on the seller or supplier to provide a guarantee’)

(2004/C 106/19)

Language of the case: German

In Case C-237/02: reference to the Court under Article 234 EC by the Bundesgerichtshof (Federal Court of Justice) (Germany) for a preliminary ruling in the proceedings pending before that court between Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG and Ludger Hofstetter, Ulrike Hofstetter – on the interpretation of Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) – the Court (Fifth Chamber), composed of: P. Jann (Rapporteur), acting for the President of the Fifth Chamber, C.W.A. Timmermans, A. Rosas, A. La Pergola and S. von Bahr, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 1 April 2004, in which it has ruled:

It is for the national court to decide whether a contractual term such as that at issue in the main proceedings satisfies the requirements for it to be regarded as unfair under Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

(1)  OJ C 202 of 24.8.2002.