Judgment_paragraph 83 · ZL and Others v Provident Polska S.A (C-321/22)

83The second part of Article 6(1) of Directive 93/13 thus does not itself set out the criteria governing the possibility of a contract continuing to exist without the unfair terms, but leaves it to the Member States to define, in their national law, the detailed rules under which the unfairness of a contractual term is established and the actual legal effects of that finding are produced. In any event, such a finding must make it possible to restore the legal and factual situation of the consumer in the absence of that unfair term (see, to that effect, the judgment of 21 December 2016, Gutiérrez Naranjo and Others, C‑154/15, C‑307/15 and C‑308/15, EU:C:2016:980, paragraph 66).