60As regards the risk of serious difficulties, it must be observed, to begin with, that in the present case the interpretation of European Union law given by the Court in this judgment relates to the concept of ‘unfair term’ used in Article 3(1) of Directive 93/13 and to the criteria which the national court may or must apply when examining the contractual term at issue from the point of view of the provisions of Directive 93/13, taking into account the provisions of Directive 2003/55. It is for the national court to determine in the light of those criteria whether a particular contractual term is actually unfair in the circumstances of the case (VB Pénzügyi Lízing, paragraph 44, and Invitel, paragraph 22).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.