42Second, where the national court — after establishing, on the basis of the matters of fact and law which it had at its disposal or which were communicated to it following the measures of inquiry which it undertook of its own motion, that a term comes within the scope of that directive — finds, following the assessment made of its own motion, that that term is unfair, it is, as a general rule, required to inform the parties to the dispute of that fact and to invite each of them to set out their views on that matter, with the opportunity to challenge the views of the other party, in accordance with the formal requirements laid down in that regard by the national rules of procedure (see, to that effect, judgments of 21 February 2013, Banif Plus Bank, C‑472/11, EU:C:2013:88, paragraphs 31 and 32, and of 7 November 2019, Profi Credit Polska, C‑419/18 and C‑483/18, EU:C:2019:930, paragraph 70).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.