Judgment_paragraph 53 · SPV Project 1503 Srl and Others v YB and Others v YX and ZW (C-693/19)

53In that context, the Court has held on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task (judgments of 14 March 2013, Aziz, C‑415/11, EU:C:2013:164, paragraph 46 and the case-law cited; of 21 December 2016, Gutiérrez Naranjo and Others, C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980, paragraph 58; and of 26 January 2017, Banco Primus, C‑421/14, EU:C:2017:60, paragraph 43).