NEPROFITNA OBRAZOVNA USTANOVA KAO PRUŽALAC USLUGE – PRAKSA SUDA PRAVDE EVROPSKE UNIJE

Abstract

Where a non-profit educational establishment offers its students credit permitting them to pay their registration fees and the cost of study trips in the form of an interest-free instalment repayment plan, does it act as a ‘seller or supplier’ within the meaning of Directive 93/13/EEC? Furthermore, in circumstances in which the student concerned played no active role in the subsequent proceedings to recover the outstanding debt together with interest and a costs indemnity, does a national court have the obligation to examine of its own motion whether a contract comes within the scope of that directive? These issues have arisen in a dispute between an educational establishment and one of its students. They provide the Court with the opportunity further to define the scope of Directive 93/13 and the powers and obligations of national courts under it.