41Unlike the case which gave rise to the judgment in Case C‑92/11 RWE Vertrieb EU:C:2013:180, paragraph 25, in which, according to paragraphs 29 to 38 of that judgment, the parties agreed to extend the scope of rules laid down by the national legislature, the national statutory and regulatory provisions to which those questions relate are applicable without any modification of the area covered or of the extent of that coverage by means of a contractual term. Therefore, it may legitimately be supposed that the national legislature struck a balance between all the rights and obligations of the parties to certain contracts (see, to that effect RWE Vertrieb EU:C:2013:180, paragraph 28). The EU legislature has explicitly decided to presume the balance as is clear from the wording of the twentieth recital in the preamble and Article 1(2)of Directive 93/13.
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