22It is in the light of those considerations that the Court has held 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 (see, inter alia, VB Pénzügyi Lízing, paragraph 49, and Banco Español de Crédito, paragraph 42).
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