23The referring court considers that an interpretation of the rules such as that cited in the previous paragraph is likely to give rise to difficulties if the amount of the claim brought is based on an agreement concluded with consumers. In fact, the creditor company, contrary to the provision in Article 815(4) of the LEC, has not attached to the application for a European order for payment the documents necessary to assess the possible unfairness of a clause on which the application is based or which determines the amount payable. However, that court points out that Article 815(4) of the LEC transposed into Spanish law the case-law of the Court of Justice concerning Directive 93/13 and, in particular, the judgments of 14 June 2012, Banco Español de Crédito (C‑618/10, EU:C:2012:349), and of 21 April 2016, Radlinger and Radlingerová (C‑377/14, EU:C:2016:283), so that the Spanish court may examine ex officio the alleged unfairness of the contractual terms giving rise to the claims.
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