Judgment_paragraph 42 · Profi Credit Bulgaria v T.I.T (C-170/21)

42Since such a term must be regarded, in principle, as never having existed, so that it cannot have any effect on that consumer, the obligation for the national court to exclude the application of an unfair contract term which imposes the payment of an amount entails, in principle, a corresponding restitutory effect in respect of that amount (see, to that effect, judgment of 21 December 2016, Gutiérrez Naranjo and Others, C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980, paragraphs 61 and 62).