Judgment_paragraph 55 · Profi Credit Polska S.A. v Bogumiła Włostowska and Others and Profi Credit Polska S.A. v OH (C-419/18, C-483/18)

55According to settled case-law, in order to ascertain whether a term may be categorised as ‘unfair’, the national court must assess whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in contract negotiations (see, to that effect, judgment of 14 March 2013, Aziz, C‑415/11, EU:C:2013:164, paragraph 69, and order of 22 February 2018, Lupean, C‑119/17, not published, EU:C:2018:103, paragraph 30 and the case-law cited).