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).