34It follows from the considerations set out in paragraphs 27 to 33 above that the duty of ex officio examination incumbent on the national court hearing the dispute concerns only the contractual terms which, although not challenged by the consumer’s action, are connected to the subject matter of the dispute as defined by the parties in the light of their pleas in law and the forms of order sought, and that these terms must be examined in order to determine whether they are unfair, where that court has available to it the legal and factual elements necessary for that task.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.