Judgment_paragraph 19 · SPV Project 1503 Srl and Others v YB and Others v YX and ZW (C-693/19)

19At the subsequent hearing, YB stated that he wished to rely on the unfairness of that clause. Consequently, the court hearing the enforcement proceedings, relying on the judgment of 9 November 2010, VB Pénzügyi Lízing (C‑137/08, EU:C:2010:659), held that it could assess whether that clause was unfair and fixed a new hearing. By written statement, SPV claimed that the force of res judicata attaching to the order for payment precluded any examination of the terms of the contracts on the basis of which that order had been issued.