87It should be recalled that, in the light of the foregoing, the national court is required to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, provided that it has available to it the legal and factual elements necessary for that task (see, to that effect, judgment of 26 January 2017, Banco Primus, C‑421/14, EU:C:2017:60, paragraph 43 and the case-law cited).
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