40As regards that weaker position, Article 6(1) of Directive 93/13 provides that unfair terms are not binding on the consumer. As is apparent from the case-law, that is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (see Mostaza Claro, paragraph 36; Asturcom Telecomunicaciones, paragraph 30; Case C-137/08 VB Pénzügyi Lízing [2010] ECR I-10847, paragraph 47; and C-453/10 Pereničová and Perenič [2012] ECR, paragraph 28).
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