Judgment_paragraph 287 · VK and Others v BMW Bank GmbH and Others (C-38/21)

287It is therefore for the national court to determine, in accordance with the rules of evidence of national law, provided that the effectiveness of EU law is not undermined, whether the constituent elements of an abusive practice, as set out in paragraph 285 of the present judgment, are present in the disputes in the main proceedings, other than the dispute referred to in paragraph 274 of the present judgment in which the contract was performed in full. However, the Court, when giving a preliminary ruling, may, where appropriate, provide clarification designed to give the national court guidance in its interpretation (judgments of 28 July 2016, Kratzer, C‑423/15, EU:C:2016:604, paragraph 42 and the case-law cited, and of 22 November 2017, Cussens and Others, C‑251/16, EU:C:2017:881, paragraph 59 and the case-law cited).