27Accordingly, the obligatory examination that the national court hearing the case must carry out of its own motion pursuant to Directive 93/13 is limited, first, to contractual terms the unfair nature of which can be established on the basis of the elements of law and fact available in the file before that national court. If the latter does not have available to it all those elements it will not be in a position to carry out that examination (see, to that effect, judgment of 13 September 2018, Profi Credit Polska, C‑176/17, EU:C:2018:711, paragraphs 46 and 47).
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