52It is apparent from the case-file that the Spanish rules of procedure not only do not allow the court hearing declaratory proceedings linked to mortgage enforcement proceedings to adopt interim measures guaranteeing the full effectiveness of its final decision where it assesses whether a term contained in a contract concluded between a seller or supplier and a consumer is unfair in the light of Article 6 of the directive but also where it assesses whether such a term conflicts with national rules of public policy, which is, nevertheless, for the national court to ascertain (see, to that effect, Banco Español de Crédito, paragraph 48).
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