On 19 September 2019, in a judgment the Court of Amsterdam referred questions to the Court of Justice of the EU for a preliminary ruling. The court asked the Court of Justice to answer a few questions on the interpretation of the Unfair Contract Terms Directive. The reason for these questions were proceedings instituted by a housing association against a tenant in connection with housing fraud, in which the association claimed a penalty and surrender of the profit made by the tenant. Both sanctions had been included in the association’s general terms and conditions.
Would you like to discuss this in more detail? Please contact Elina Swaneveld.