46The Court also observed that that requirement for plain, intelligible drafting appears in Article 5 of Directive 93/13, which states that contractual terms must ‘always’ satisfy that requirement (see, to that effect, judgments of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraphs 67 et 68, and of 20 September 2017, Andriciuc and Others, C‑186/16, EU:C:2017:703, paragraph 43). It follows that that requirement applies in any event, including when a contractual term falls within the scope of Article 4(2) of the directive and even if the Member State concerned has failed to transpose that provision. That requirement cannot be reduced merely to a contractual term being formally and grammatically intelligible (judgment of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraph 71).
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