44That element, however, is not such as to establish, automatically and on its own, that the contested terms are unfair. It is for the referring court to decide on the application of the general criteria set out in Articles 3 and 4 of Directive 93/13 to a specific term, which must be considered in relation to all the circumstances of the particular case (see, to that effect, Case C-237/02 Freiburger Kommunalbauten [2004] ECR I-3403, paragraphs 19 to 22; Pannon GSM, paragraphs 37 to 43; VB Pénzügyi Lízing, paragraphs 42 and 43; and order in Pohotovosť, paragraphs 56 to 60).
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