31In any case, it must be recalled that, in the assessment of whether a contractual term is unfair, it is for that same referring court to rule on the classification of that term in accordance with the particular circumstances of the case, and for the Court of Justice to elicit from the provisions of Directive 93/13 the criteria that the national court may or must apply when examining contractual terms (see, to that effect, judgment of 23 April 2015, Van Hove, C‑96/14, EU:C:2015:262, paragraph 28 and the case-law cited).
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