64In the second situation, and in particular with regard to the clarifications given by the referring court in Case C‑483/18, which indicates that it does not have available to it the contract binding the parties to the dispute in the main proceedings, but is aware of the content of other contracts habitually used by the seller or supplier, it should be recalled that although, under Article 3(1) of Directive 93/13, that directive applies to clauses which have not been individually negotiated, which includes in particular standard form contracts, it cannot be considered that a court ‘has available to it the legal and factual elements’, within the meaning of the case-law referred to above, solely because it has an awareness of certain pro forma contracts used by the seller or supplier, without that court having in its possession the instrument recording the contract concluded between the parties to the dispute pending before it (see, to that effect, judgment of 13 September 2018, Profi Credit Polska, C‑176/17, EU:C:2018:711, paragraph 47).
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