Judgment_paragraph 43 · Ruxandra Paula Andriciuc and Others v Banca Românească SA (C-186/16)

43As a preliminary point, it must be recalled that the Court has already held that the requirement of plain and intelligible drafting applies even where a term falls within the definition of ‘main subject matter of the contract’ or the ‘ adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other’ within the meaning of Article 4(2) of Directive 93/13 (see, to that effect, judgment of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraph 68). The terms referred to in Article 4(2) escape the assessment as to whether they are unfair only in so far as the national court having jurisdiction should form the view, following a case-by-case examination, that they were drafted by the seller or supplier in plain, intelligible language (judgment of 3 June 2010, Caja de Ahorros y Monte de Piedad de Madrid, C‑484/08, EU:C:2010:309, paragraph 32).