Judgment_paragraph 73 · Vicente v Delia (C-335/21)

73In that regard, the Commission suggests, in its written observations, that fees flowing from an unfair term may be regarded as not being ‘due’, within the meaning of Article 35(2) of the LEC. In any event, while the referring court must consider whether a consistent interpretation of the national law is possible and allows it of its own motion to verify whether the withdrawal clause is unfair, it must also have the correlative possibility of taking investigating measures of its own motion for that purpose (see, to that effect, judgment of 14 June 2012, Banco Español de Crédito, C‑618/10, EU:C:2012:349, paragraphs 44 and the case-law cited).