53Moreover, as regards the question whether the fact that the consumer cannot request the court to order the restoration of the situation prior to the conclusion of the loan agreement in question, Article 37 of Law DH2, which provides that a declaration of the invalidity of the loan agreements covered by Law DH1 can be sought only if the consumer also requests a declaration of validity or effectiveness of the agreement up to the time of delivery of the judgment by the national court, is contrary to the right to effective judicial protection, it is for the referring court to ascertain whether, in such circumstances, it may be considered that, in accordance with the case-law of the Court cited in paragraph 34 of this judgment, that a finding that terms of that agreement are unfair will restore the legal and factual situation that the consumer would have been in had those unfair terms not existed, including giving rise to a right to restitution of advantages wrongly obtained, to his detriment, by the seller or supplier on the basis of those unfair terms.
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