Case C-488/11: Judgment of the Court (First Chamber) of 30 May 2013 (request for a preliminary ruling from the Gerechtshof te Amsterdam — Netherlands) — Dirk Frederik Asbeek Brusse, Katarina de Man Garabito v Jahani BV (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)