Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 December 2018 — A, B v C

(Case C-750/18)

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).