65However, national legislation under which an examination of the court’s own motion of the unfairness of contractual terms is deemed to have taken place and to have the force of res judicata, even where there is no statement of reasons to that effect in a decision, such as a decision making an order for payment, is liable, in view of the nature and importance of the public interest underlying the protection which Directive 93/13 confers on consumers, to render meaningless the national court’s obligation to examine of its own motion the potential unfairness of contractual terms.
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