Judgment_paragraph 37 · YQ and RJ v Getin Noble Bank S.A (C-287/22)

37To that end, Article 6(1) of Directive 93/13 requires Member States to ensure that unfair contract terms are not binding on the consumer, without the consumer having to bring an action and obtain a judgment confirming the unfairness of those terms (judgment of 4 June 2009, Pannon GSM, C‑243/08, EU:C:2009:350, paragraphs 20 to 28). It follows that the national courts are required to exclude the application of those terms so that they do not produce binding effects with regard to a 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).

YQ and RJ v Getin Noble Bank S.A (C-287/22)

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