Judgment_paragraph 72 · FY v Profi Credit Polska S.A. w Bielsku Białej (C-582/21)

72In that regard, it must be borne in mind that, in view of a consumer’s weaker position vis-à-vis a seller or supplier, Article 6(1) of that directive provides that unfair terms are not binding on the consumer. It is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (judgment of 17 May 2022, Ibercaja Banco, C‑600/19, EU:C:2022:394, paragraph 36 and the case-law cited). That provision must be regarded as a provision of equal standing to that of national rules that have, within the domestic legal system, the character of rules of public policy (judgment of 21 December 2016, Gutiérrez Naranjo and Others, C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980, paragraph 54 and the case-law cited).