ntr495-C_2019323EN.01000401-E0495
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
(495) Case C-472/11 Banif Plus Bank, paragraphs 29-35, Case C-488/11 Asbeek Brusse, paragraph 52: ‘[…], it must be recalled that the principle of audi alteram partem, as a general rule, requires the national court which has found of its own motion that a contractual term is unfair to inform the parties to the dispute of that fact and to invite each of them to set out its views on that matter, with the opportunity to challenge the views of the other party, in accordance with the formal requirements laid down in that regard by the national rules of procedure (Banif Plus Bank, paragraphs 31 and 36)’.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.