79In that regard, it should be noted that, in order to establish whether a contractual term is excluded from the scope of Directive 93/13, it is for the national court to determine whether that term reflects provisions of national law that apply between the parties to the contract independently of their choice or those that apply by default, that is to say in the absence of other arrangements established by the parties (see, to that effect, judgment in RWE Vertrieb, EU:C:2013:180, paragraph 26).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.