Judgment_paragraph 66 · Profi Credit Polska S.A. v Bogumiła Włostowska and Others and Profi Credit Polska S.A. v OH (C-419/18, C-483/18)

66In any event, it is apparent from settled case-law that it is for the national court to investigate of its own motion whether a term in the contract, concluded between a seller or supplier and a consumer, which is the subject of a dispute before it falls within the scope of the directive and, if it does, to assess whether such a term is unfair (judgments of 9 November 2010, VB Pénzügyi Lízing, C‑137/08, EU:C:2010:659, paragraph 56, of 14 June 2012, Banco Español de Crédito, C‑618/10, EU:C:2012:349, paragraph 44; and of 21 February 2013, Banif Plus Bank, C‑472/11, EU:C:2013:88, paragraph 24). Without effective review of whether the terms of the contract concerned are unfair, observance of the rights conferred by Directive 93/13 cannot be guaranteed (judgment of 13 September 2018, Profi Credit Polska, C‑176/17, EU:C:2018:711, paragraph 62 and the case-law cited).