Is a contract between an architect and a consumer, according to which the architect is required (only) to produce the design for 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]?

The court interpreted that such a contract does not constitute a contract for the construction of new buildings within the meaning of the directive.

Is a contract between an architect and a consumer, according to which the architect is required to produce the design for a new single-family house in accordance with the specifications and wishes of his or her 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]?

The court interpreted that such a contract does not constitute a contract for the supply of goods made to the consumer’s specifications or clearly personalised.

Architectural design contracts are not construction contracts or for goods made to consumer specifications.

European Court of Justice · Judgment · Preliminary ruling

(Reference for a preliminary ruling – Consumer protection – Consumer rights – Directive 2011/83/EU – Scope – Article 3(3)(f) – Concept of ‘contracts for the construction of new buildings’ – Article 16(c) – Concept of ‘goods made to the consumer’s specifications or clearly personalised’ – Contract between an architect and a consumer for the drawing-up of a plan for a new single-family house)

Rechtsvraag

Whether a contract between an architect and a consumer for the design and planning of a new single-family house falls under the exceptions in Directive 2011/83/EU, specifically as a 'contract for the construction of new buildings' or as a contract for 'goods made to the consumer’s specifications or clearly personalised'.

Regel

Art. 3(3)(f), Directive 2011/83/EU (Excludes contracts for the construction of new buildings from the directive's scope)
Art. 16(c), Directive 2011/83/EU (Excludes contracts for the supply of goods made to the consumer’s specifications or clearly personalised from the right of withdrawal)
Art. 2(3) and (4), Directive 2011/83/EU (Defines 'goods' and 'goods made to the consumer’s specifications')

Conclusie

The Court concluded that the contract between the architect and the consumer does not fall under the exclusions for contracts related to the construction of new buildings or for goods made to the consumer's specifications, as outlined in Directive 2011/83/EU. Therefore, it is subject to the consumer protection provisions of the directive, including the right of withdrawal.

Tijdlijn

25-10-2011 Directive 2011/83/EU on consumer rights is adopted by the European Parliament and Council.
22-12-2016 MS and AS, consumers, concluded a contract with NK, an architect, for the design of a new single-family house.
02-02-2017 NK sent the construction plan, an approximate cost summary, and an invoice for EUR 3780 to MS and AS.
12-02-2017 MS and AS expressed dissatisfaction with the service and withdrew from the contract with NK.
12-06-2018 The Bezirksgericht Graz-Ost dismissed NK's application for payment, finding that the contract was within the scope of FAGG but MS and AS had no liability due to lack of information.
05-02-2019 The Landesgericht für Zivilrechtssachen Graz made a request for a preliminary ruling to the Court of Justice of the European Union.
04-03-2019 The Court of Justice of the European Union received the request for a preliminary ruling.
14-05-2020 The Court of Justice of the European Union delivered its judgment regarding the interpretation of Directive 2011/83/EU.