Judgment_paragraph 38 · D.V. v M.A (C-395/21)

38Consequently, the question whether a term such as that at issue in the main proceedings is ‘plain and intelligible’ for the purposes of Directive 93/13 must be carried out by the national court in the light of all the relevant facts. Specifically, it is for that court to ascertain, considering the circumstances surrounding the conclusion of the contract, whether all the information likely to have a bearing on the extent of his or her commitment has been communicated to the consumer, enabling the consumer to estimate the financial consequences thereof (see, to that effect, judgment of 3 March 2020, Gómez del Moral Guasch, C‑125/18, EU:C:2020:138, paragraph 52 and the case-law cited).