The article debunks the implications of the decision of the Court of Justice of the
European Union in related cases C - 229/19 and C - 289/19 regarding the application of
legal provisions establishing the effects of the abusive nature of penalty clauses and the
conduct of a study of the Court of Justice of the European Union in Case C-269/19, to de-
termine whether or not it is possible to replace non-essential unfair terms with additional
rules of national law.
