74In the first place, it should be recalled that, in view of the consumer’s weak position vis-à-vis the seller or supplier as regards both his or her bargaining power and his or her level of knowledge, Article 6(1) of Directive 93/13 provides that unfair terms are not to be binding on the consumer. In that context, and in order to ensure the high level of consumer protection set out in Article 38 of the Charter, a national court is required to assess, of its own motion, whether a contractual term falling within the scope of Directive 93/13 is unfair, compensating in that way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task (see, to that effect, judgments of 19 December 2019, Bondora, C‑453/18 and C‑494/18, EU:C:2019:1118, paragraph 40, and of 17 May 2022, Ibercaja Banco, C‑600/19, EU:C:2022:394, paragraphs 35 to 37).
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