Judgment_paragraph 42 · Pohotovosť s. r. o. v Miroslav Vašuta (C-470/12)

42As the Advocate General noted, inter alia in points 55 and 56 of his Opinion, it is clear from the case-law of the Court that it is for the national court or tribunal seised, as in the main proceedings, of an action for enforcement of a final arbitration award to take positive action unconnected with the actual parties to the contract, as provided for in Directive 93/13, in order to correct the imbalance between the consumer and the seller or supplier. Provided that it has available to it the necessary legal and factual elements, the national court or tribunal is required to assess of its own motion the unfair nature of the contractual terms which give rise to the debt determined in that arbitration award when, under national rules of procedure, it is required to assess of its own motion, in similar enforcement proceedings, whether an arbitration clause is in conflict with national rules of public policy (see, to that effect, Case C-243/08 Pannon GSM [2009] ECR I-4713, paragraph 32; Asturcom Telecomunicaciones, paragraph 53; and the order in Pohotovost’, paragraph 51).