Judgment_paragraph 32 · Banca B. SA v A.A.A (C-269/19)

32However, where a contract concluded between a seller or supplier and a consumer is not capable of continuing in existence following the removal of an unfair term, the Court has acknowledged that Article 6(1) of Directive 93/13 does not preclude the national court from removing, in accordance with the principles of contract law, the unfair term and replacing it with a supplementary provision of national law in cases where the invalidity of the unfair term would require the court to annul the contract in its entirety, thereby exposing the consumer to particularly unfavourable consequences, so that the consumer would thus be penalised (see, inter alia, judgments of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraphs 80 and 83; of 26 March 2019, Abanca Corporación Bancaria and Bankia, C‑70/17 and C‑179/17, EU:C:2019:250, paragraph 56; of 3 October 2019, Dziubak, C‑260/18, EU:C:2019:819, paragraph 48, and of 3 March 2020, Gómez del Moral Guasch, C‑125/18, EU:C:2020:138, paragraph 61).