Amsterdam District Court to Refer Rent Price Surcharge Clause to CJEU

The cantonal judge of the Amsterdam District Court has decided to honor a request from nineteen tenants and refer preliminary questions to the CJEU about a rent price adjustment clause. The clause provides for annual rent increases linked to the consumer price index plus an additional surcharge. The tenants argue this surcharge component is an unfair term and seek back-payment of excess rent. The Amsterdam court's decision follows a prior ruling by the Dutch Hoge Raad (Supreme Court), which had found that a similar clause with a maximum 3% surcharge above CPI was generally not unfair. Dutch landlords and property managers should monitor this referral, as a CJEU ruling on the fairness of combined inflation-plus-surcharge clauses could affect rental contract practices across the EU.