59In the second place, it should be noted, first of all, that the national case-law referred to in paragraph 55 of the present judgment can be classified as incompatible with EU law only where that court finds that the grant of the interim measures sought is necessary in order to ensure the full effectiveness of the forthcoming final decision on the substance. In that regard, first, it must have sufficient evidence as to the unfairness of one or more contractual terms so that it is likely that the loan agreement concerned is invalid or, at the very least, that a repayment of the monthly instalments due under that agreement will have to be made to the consumer concerned. Second, it is for that court to determine, in the light of all the circumstances of the case, whether the suspension of that consumer’s obligation to pay those monthly instalments for the duration of the proceedings concerned is necessary in order to ensure the restoration of the legal and factual situation in which that consumer would have been in the absence of that term or those terms. Thus, that court will be able to take into account, in particular, the financial situation of the same consumer and the risk that he or she runs of having to repay to the bank concerned an amount which exceeds that which he or she has borrowed from that bank.