63As the Advocate General has noted in points 51 et seq. of her Opinion, such a requirement is justified by the consideration that the system of protection, in accordance with the settled case-law of the Court, is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge, which leads to the consumer agreeing to terms drawn up in advance by the seller or supplier without being able to influence the content of those terms (see judgment of 1 October 2005 in ERSTE Bank Hungary, C‑32/14, EU:C:2015:637, paragraph 39 and the case-law cited).
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