27The Court of Justice has also held that, on account of that weaker position, Article 6(1) of the directive provides that unfair terms are not binding on the consumer. As is apparent from case-law, that is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (judgments of 9 November 2010, VB Pénzügyi Lízing, C‑137/08, EU:C:2010:659, paragraph 47 and the case-law cited; 21 February 2013, Banif Plus Bank, C‑472/11, EU:C:2013:88, paragraph 20 and the case-law cited, and 26 January 2017, Banco Primus, C‑421/14, EU:C:2017:60, paragraph 41 and the case-law cited).
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