1.

When interpreting the concept of ‘retail client’ in Article 4(1).12 of Directive 2004/39/[EC], (1) can or must the national court use the same interpretive criteria as those which define the concept of ‘consumer’ within the meaning of Article 2(b) of Directive 93/13/EEC? (2)

2.

If the answer to the first question is in the negative, under what conditions may a ‘retail client’ within the meaning of Directive 2004/[39/EC] claim consumer status in a dispute such as that in the main proceedings?

3.

In particular, do the facts that a ‘retail client’, within the meaning of Directive 2004/[39/EC], carries out a high volume of transactions within a relatively short period of time and that he invests very large sums of money in financial instruments such as those defined in Article 4[(1)].17 of Directive 2004/39/[EC], constitute relevant criteria for the purpose of assessing whether a ‘retail client’ has consumer status under that directive?

4.

When attempting to establish its own jurisdiction, since it has the obligation to determine the impact of Article 17(1)(c) or Article 7(2) of Regulation (EU) No 1215/2012, (3) whichever is applicable, can and/or must the national court take into consideration the legal basis relied on by the applicant (namely non-contractual liability alone) as a remedy for the conclusion of terms alleged to be unfair within the meaning of Directive 93/13/EEC, for which the substantive law applicable has been established pursuant to Regulation (EC) No 864/2007 (Rome II), (4) or does the possible consumer status of the applicant make the substantive legal basis of his request irrelevant?