76In that context, it follows from the case-law of the Court that, where they cannot interpret and apply national legislation in accordance with the requirements of Directive 93/13, national courts are obliged to examine of their own motion whether the provisions agreed between the parties are unfair and, where necessary, are to disapply any national legislation or case-law which precludes such an examination (see, to that effect, judgments of 4 June 2009, Pannon GSM, C‑243/08, EU:C:2009:350, paragraphs 32, 34 and 35; of 14 June 2012, Banco Español de Crédito, C‑618/10, EU:C:2012:349, paragraph 42 and the case-law cited; and of 18 February 2016, Finanmadrid EFC, C‑49/14, EU:C:2016:98, paragraph 46).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.