38In the light of all of the foregoing considerations, the answer to the first to third questions is that Article 6(1) of Directive 93/13 must be interpreted as meaning that the national court, on receiving an application for an order for payment and where the debtor-consumer does not take part in the proceedings until the order for payment is issued, is obliged to disapply ex officio an unfair term in the consumer credit agreement concluded between that consumer and the seller or supplier concerned, on which a part of the claim relied on is based. In that case, that court has the option of rejecting that application in part, provided that that agreement can continue in existence without any further amendment, revision or supplementation, which it is for the court to verify.
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