Judgment_paragraph 24 · Banif Plus Bank Zrt v Csaba Csipai and Viktória Csipai (C-472/11)

24In this connection, in ruling on an order for reference submitted by a national court before which adversarial proceedings between a consumer and a seller or supplier have been brought, the Court has held that that national court must investigate of its own motion whether a term in a contract concluded between a seller or supplier and a consumer falls within the scope of the Directive and, if it does, assess of its own motion whether such a term is unfair (see, to that effect, VB Pénzügyi Lízing, paragraph 56, and Banco Español de Crédito, paragraph 44).