CELEX: 62018CN0750
Language: en
Date: 2018-12-03 00:00:00
Title: Case C-750/18: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 December 2018 — A, B v C

11.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/29
            
         
      Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 December 2018 — A, B v C
      (Case C-750/18)
      (2019/C 93/38)
      Language of the case: Dutch
      
         Referring court
      
      Rechtbank Amsterdam
      
         Parties to the main proceedings
      
      
         Applicants: A, B
      
         Defendant: C
      
         Question referred
      
      How should Directive 93/13, (1) and, more specifically, the principle of cumulative effect contained in it, be interpreted when assessing whether the sum which a consumer who fails to fulfil his obligations is required to pay in compensation (hereinafter: the penalty clause) is disproportionately high within the meaning of point 1(e) of the annex to that directive, in a case in which penalty clauses are associated with a variety of shortcomings of different types which, by their very nature, do not have to occur jointly, and indeed do not do so in the present case?
      
         (1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).