Judgment_paragraph 53 · Ernst Georg Radlinger and Helena Radlingerová v Finway a.s (C-377/14)

53In fact, the Court has held that, in order to guarantee the protection intended by Directive 93/13, the imbalance which exists between the consumer and the seller or supplier may be corrected by the court hearing such disputes only by positive action unconnected with the actual parties to the contract (see, to that effect, judgment of 27 February 2014 in Pohotovosť, C‑470/12, EU:C:2014:101, paragraph 40 and the case-law cited).