This document is an excerpt from the EUR-Lex website
Document 62011CN0488
Case C-488/11: Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 23 September 2011 — D.F. Asbeek Brusse, K. De Man Garabito v Jahani BV
Case C-488/11: Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 23 September 2011 — D.F. Asbeek Brusse, K. De Man Garabito v Jahani BV
Case C-488/11: Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 23 September 2011 — D.F. Asbeek Brusse, K. De Man Garabito v Jahani BV
IO C 13, 14.1.2012, p. 3–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.1.2012 |
EN |
Official Journal of the European Union |
C 13/3 |
Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands) lodged on 23 September 2011 — D.F. Asbeek Brusse, K. De Man Garabito v Jahani BV
(Case C-488/11)
2012/C 13/06
Language of the case: Dutch
Referring court
Gerechtshof Amsterdam
Parties to the main proceedings
Applicants: Dirk Frederik Asbeek Brusse, Katarina De Man Garabito
Defendant: Jahani BV
Questions referred
1. |
Should a person who lets residential premises on a commercial basis and who lets a residential property to an individual be deemed to be a seller or supplier within the meaning of the Directive? (1) Does a tenancy agreement between a person who lets residential premises on a commercial basis and a person who rents such premises on a non-commercial basis fall within the scope of the Directive? |
2. |
Does the fact that Article 6 of the Directive must be regarded as a provision of equal standing to national rules which rank, within the domestic legal system, as rules of public policy, mean that, in a dispute between individuals, the national transposition measures with regard to unfair contractual terms are a matter of public policy, so that the national court is competent and obliged, both in first-instance proceedings and in appeal proceedings, of its own motion (and thus also outside the ambit of the grounds of complaint), to assess a contractual term against the national transposition measures and to find that term to be void if it comes to the conclusion that the term is unfair? |
3. |
Is it compatible with the practical effect of Community law that the national court does not refrain from applying a penalty clause which must be deemed to be an unfair contractual term within the meaning of the Directive, but, by the application of national legislation, merely mitigates the penalty, in a case where an individual has invoked the mitigation powers of the court, but not the voidability of the term concerned? |
(1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).