Judgment_paragraph 26 · Karel de Grote – Hogeschool Katholieke Hogeschool Antwerpen VZW v Susan Romy Jozef Kuijpers (C-147/16)

26For the purpose of replying to the question referred, it should be recalled that, according to settled case-law, the system of protection introduced by Directive 93/13 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. This 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 (Judgments of 9 November 2010, VB Pénzügyi Lízing, C‑137/08, EU:C:2010:659, paragraph 46 and the case-law cited; 21 February 2013, Banif Plus Bank, C‑472/11, EU:C:2013:88, paragraph 19 and the case-law cited, and 7 December 2017, Banco Santander, C‑598/15, EU:C:2017:945, paragraph 36 and the case-law cited).