71In addition, where the national court has, of its own motion, found an infringement of Article 10(2) of Directive 2008/48 it is not obliged, in order to be able to draw the consequences arising under national law from that infringement, to wait for the consumer to make an application to that effect, provided always that the principle of audi alteram partem has been complied with (see, by analogy, judgments of 21 February 2013 in Banif Plus Bank, C-472/11, EU:C:2013:88, paragraph 36, and of 1 October 2015 in ERSTE Bank Hungary, C‑32/14, EU:C:2015:637, paragraph 42).
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