Judgment_paragraph 52 · Vicente v Delia (C-335/21)

52It should be recalled at the outset that, as is clear from the Court’s case-law, the imbalance which exists between the consumer and the seller or supplier may be corrected only by positive action unconnected with the actual parties to the contract, the national court being required to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair as soon as it has the legal and factual elements necessary for that task available to it (see, to that effect, judgment of 14 June 2012, Banco Español de Crédito, C‑618/10, EU:C:2012:349, paragraphs 41 to 43 and the case-law cited).