ntr480-C_2019323EN.01000401-E0480
(480) E.g. Case C-176/17 Profi Credit Polska, paragraph 42: ‘Against that background, it should, in the first place, be pointed out that, whilst, in accordance with settled case-law, a national court is bound to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair and by so doing to compensate for the imbalance existing between the consumer and the seller or supplier, that is so only if the national court has available to it the legal and factual elements necessary for that task’. In this paragraph the Court refers to Cases C-377/14 Radlinger and Radlingerová, paragraph 52 and the case-law cited there, and C-154/15, C-307/15 and C-308/15 Gutiérrez Naranjo and Others, paragraph 58.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.