65Furthermore, as stated in paragraph 57 above, a contractual term held to be ‘unfair’ must be regarded, in principle, as never having existed, so that it cannot have any effect on the consumer. Therefore, the determination by a court that such a term is unfair must, in principle, have the consequence of restoring the consumer to the legal and factual situation that he or she would have been in if that term had not existed by, inter alia, creating a right to restitution of advantages wrongly obtained, to the consumer’s detriment, by the seller or supplier on the basis of that unfair term (see, to that effect, judgment of 31 March 2022, Lombard Lízing, C‑472/20, EU:C:2022:242, paragraphs 50 and 55 and the case-law cited).
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