34As for the damages claimed by A to the amount of the profits made from the subletting by B, which would, if applicable, be imposed cumulatively along with the EUR 5000 contractual penalty, it should be borne in mind that, according to Articles 1(1) and 3(1) of Directive 93/13, that directive applies to the terms contained in contracts concluded between a seller or supplier and a consumer which have not been individually negotiated (judgments of 7 November 2019, Profi Credit Polska, C‑419/18 and C‑483/18, EU:C:2019:930, paragraph 51 and the case-law cited, and of 4 June 2020, Kancelaria Medius, C‑495/19, EU:C:2020:431, paragraph 24).
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