Judgment_paragraph 25 · L v Unicaja Banco SA (C-869/19)

25It follows that, in accordance with the principle of equivalence, where, under domestic law, the national court ruling in appeal proceedings has a discretion or the obligation to assess of its own motion the legality of a legal measure in the light of national rules of public policy, it must also have a discretion or the obligation, even though the question of the legality of that measure in the light of those rules was not raised at first instance, to assess of its own motion the legality of such a measure in the light of Article 6(1) of Directive 93/13. Thus, in such a situation, where the information in the file before the national appeal court leads to uncertainty as to whether a contractual term is unfair, that court is required to assess of its own motion the legality of that term in the light of the criteria laid down in that directive (see, to that effect, judgment of 30 May 2013, Jőrös, C‑397/11, EU:C:2013:340, paragraph 30).