35First of all, it should be pointed out that, although the first to third questions refer only to the term relating to exchange difference as an unfair term which justifies, according to the applicant in the main proceedings, the cancellation of the loan contract, it is apparent from the request for a preliminary ruling that the interested party invokes the unfair nature of that term in order to avoid exchange rate risk. It can therefore not be excluded, as the Advocate General stated in point 57 of his Opinion, that, in the main proceedings, the question of the application of a term relating to the exchange rate risk is always relevant, particularly since the referring court could be tasked with assessing of its own motion the unfair nature of such a term (see, to that effect, judgment of 7 August 2018, Banco Santander and Escobedo Cortés, C‑96/16 and C‑94/17, EU:C:2018:643, paragraph 53 and the case-law cited). Therefore, in order to provide the national court with an answer which will be of use to it and enable it to determine the case before it, it is necessary to answer the first three questions also in connection with an examination of an application for cancellation of a loan contract, such as that at issue in the main proceedings, based on the unfair nature of a term relating to the exchange rate risk.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.