33It is for the referring court to determine, having regard to the nature, general scheme and the stipulations of the loan agreement, and its legal and factual context, whether the term concerned constitutes an essential element of the debtor’s obligations, consisting in the repayment of the amount made available by the lender (judgment of 26 February 2015, Matei, C‑143/13, EU:C:2015:127, paragraph 54 and the case-law cited).
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