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Document 62019CN0289

    Case C-289/19: Request for a preliminary ruling from the Gerechtshof Den Haag (Netherlands) lodged on 9 April 2019 — Dexia Nederland BV v Z

    OJ C 280, 19.8.2019, p. 18–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    19.8.2019   

    EN

    Official Journal of the European Union

    C 280/18


    Request for a preliminary ruling from the Gerechtshof Den Haag (Netherlands) lodged on 9 April 2019 — Dexia Nederland BV v Z

    (Case C-289/19)

    (2019/C 280/25)

    Language of the case: Dutch

    Referring court

    Gerechtshof Den Haag

    Parties to the main proceedings

    Appellant: Dexia Nederland BV

    Respondent: Z

    Questions referred

    1.

    Can the user of an unfair term relating to the payment of compensation in the event of a consumer’s non-compliance with his obligations, which has been declared void, claim the legal compensation provided for by way of supplementary law?

    2.

    For the purpose of answering that question, does it matter whether the compensation that can be claimed by the application of the statutory compensation scheme is equal to or lower or higher than the compensation under the term which has been declared void?


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