Judgment_paragraph 55 · SM and Others v mBank S.A (C-140/22)

55Consequently, pursuant to Article 6(1) of that directive, it is for the referring courts to exclude the application of the unfair terms so that they do not produce binding effects with regard to the consumer, unless the consumer objects (judgment of 26 March 2019, Abanca Corporación Bancaria and Bankia, C‑70/17 and C‑179/17, EU:C:2019:250, paragraph 52 and the case-law cited).

SM and Others v mBank S.A (C-140/22)

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