46In that context, the Court has already stated on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task (Pannon GSM, paragraphs 31 and 32, and Banco Español de Crédito, paragraphs 42 and 43).
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