Court of Justice (First Chamber) 30 May 2013, C‑488/11 (Dirk Frederik Asbeek Brusse and Katarina de Man Garabito v Jahani BV.)

JUDGMENT OF THE COURT (First Chamber) 30 May 2013 ( *1 ) ‛Directive 93/13/EEC — Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause’ In Case