Several sanctions in a lease: potential risk?


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.

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