20In the light of that weaker position, Article 6(1) of the Directive 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 the obligations of the parties with an effective balance which re-establishes equality between them (see, inter alia, Case C-137/08 VB Pénzügyi Lízing [2010] ECR I-10847, paragraph 47, and Banco Español de Crédito, paragraph 40).
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