Judgment_paragraph 66 · ZR and PI v Banco Santander, SA (C-265/22)

66It should also be borne in mind that the transparent nature of a contractual term, as required under Article 5 of Directive 93/13, is one of the elements to be taken into account in the assessment of whether that term is unfair (judgment of 3 October 2019, Kiss and CIB Bank, C‑621/17, EU:C:2019:820, paragraph 49). By contrast, it follows from Article 4(2) of that directive that the fact that a term is not drafted in plain intelligible language is not, in itself, capable of rendering it unfair (see, to that effect, order of 17 November 2021, Gómez del Moral Guasch, C‑655/20, EU:C:2021:943, paragraph 37).

ZR and PI v Banco Santander, SA (C-265/22)

ZR and PI v Banco Santander, SA (C-265/22)

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