65The referring court will be required, inter alia, to compare the method of calculation of the rate of ordinary interest laid down in that term and the actual sum resulting from that rate with the methods of calculation generally used, the statutory interest rate and the interest rates applied on the market at the date of conclusion of the agreement at issue in the main proceedings for a loan of a comparable sum and term to those of the loan agreement under consideration. In particular, it will be required to ascertain whether the fact that ordinary interest is calculated by using a 360-day year as a basis, instead of a 365-day calendar year, is such as to render Clause 3 unfair.
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