39However, it must be observed that it is incumbent on that court to examine, applying the criteria set out in paragraph 37 of the present judgment, whether all of the contested clauses before it genuinely reflect provisions of national law which are mandatory, within the meaning of Article 1(2) of Directive 93/13, bearing in mind that those contested clauses which do not fall within that category may not be excluded from the application of the directive on that basis. The fact that some terms which reflect statutory provisions fall outside the scope of Directive 93/13 does not mean that the validity of other terms, which are included in the same contract and are not covered by statutory provisions, may not be assessed by the national court in the light of that directive (judgment of 20 September 2018, OTP Bank and OTP Faktoring, C‑51/17, EU:C:2018:750, paragraph 66).
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