61At paragraph 26 of Océano Grupo Editorial and Salvat Editores, the Court held that the aim of Article 6 of Directive 93/13, which requires Member States to provide that unfair contract terms are not to be binding on the consumer, could not be achieved if the consumer were himself obliged to raise the unfair nature of such terms. In disputes where the amounts involved are often small, the lawyers' fees may be higher than the amount at stake, which may deter the consumer from defending himself against the application of an unfair term. While it is true that, in a number of Member States, procedural rules enable individuals to defend themselves in such proceedings, there is a real risk that the consumer, particularly because of a lack of awareness, will not challenge the unfair nature of the term pleaded against him. It follows that effective consumer protection can be attained only if the national courts are given power to evaluate terms of this kind of their own motion.
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