Judgment_paragraph 55 · D.V. v M.A (C-395/21)

55Under Article 6(1) of Directive 93/13, it is for the national court to exclude the application of unfair terms so that they do not produce binding effects with regard to the consumer, unless the consumer objects. However, the contract must continue in existence, in principle, without any amendment other than that resulting from the removal of the unfair terms, in so far as, in accordance with the rules of national law, such continuity of the contract is legally possible (judgment of 25 November 2020, Banca B., C‑269/19, EU:C:2020:954, paragraph 29 and the case-law cited).