Judgment_paragraph 59 · „EVN Bulgaria Toplofikatsia“ EAD v Nikolina Stefanova Dimitrova and „Toplofikatsia Sofia“ EAD v Mitko Simeonov Dimitrov (C-708/17, C-725/17)

59It is clear from a reading of Article 149a(1) and Article 153(1) of the Law on energy that it is the owners and the holders of a right in rem over the use of property in a building in co-ownership connected to the subscriber substation or to an independent branch thereof who are the customers of the energy supplier under the contract concluded with it. However, to the extent that those owners or those holders of a right in rem are natural persons not engaged in commercial or professional activities, they are consumers within the meaning of Article 2(1) of Directive 2011/83. As the Advocate General observed in point 52 of his Opinion, it follows that the contracts in issue in the main proceedings are within the category of contracts for the supply of district heating between traders and consumers within the meaning of Article 3(1) of that directive.