32In order to establish whether those conditions are met, the Court has held that it is for the national court to determine whether the contractual term concerned reflects mandatory provisions of national law that apply between the parties to the contract independently of their choice or provisions that are supplementary in nature and therefore apply by default, that is to say, in the absence of other arrangements established by the parties (judgments of 21 March 2013, RWE Vertrieb, C‑92/11, EU:C:2013:180, paragraph 26; of 10 September 2014, Kušionová, C‑34/13, EU:C:2014:2189, paragraph 79, and of 20 September 2017, Andriciuc and Others, C‑186/16, EU:C:2017:703, paragraphs 29 et 30).
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