50As the Advocate General observed in point 63 of his Opinion, the obligation of the national court to examine of its own motion whether contractual terms are unfair is justified by the nature and importance of the public interest underlying the protection which Directive 93/13 confers on consumers. However, an effective review of the possible unfairness of contractual terms, as required by Directive 93/13, could not be guaranteed if the force of res judicata extended also to judicial decisions which do not indicate such a review.
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