Judgment_paragraph 36 · NG and OH v SC Banca Transilvania SA (C-81/19)

36Secondly, the fact that a contractual term reflecting one of the provisions referred to in Article 1(2) of Directive 93/13 has not been individually negotiated has no bearing on whether it is excluded from the scope of the directive. In accordance with Article 3(1) of Directive 93/13, the fact that a term has not been individually negotiated is a condition for reviewing whether the term is unfair, and that review cannot be carried out if the contractual term falls outside the scope of the directive.

NG and OH v SC Banca Transilvania SA (C-81/19)

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