Official Journal of the European Union

C 280/18

(Case C-289/19)

(2019/C 280/25)

Language of the case: Dutch

Referring court

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?