71Furthermore, pursuant to Article 4(1) of the directive, the unfairness of a contractual term is to be assessed taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of it (Pannon GSM, paragraph 39, and VB Pénzügyi Lízing, paragraph 42). It follows that, in that respect, the consequences of the term under the law applicable to the contract must also be taken into account, requiring consideration to be given to the national legal system (Freiburger Kommunalbauten, précité, paragraph 21, and the order in Case C-76/10 Pohotovosť [2010] ECR I-11557, paragraph 59).
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