Judgment_paragraph 95 · ZL and Others v Provident Polska S.A (C-321/22)

95Secondly, measures which constitute the practical implementation of the prohibition of unfair terms cannot be regarded as contrary to the principle of legal certainty (see, to that effect, judgment of 15 June 2023, Bank M. (Consequences of the annulment of the contract), C‑520/21, EU:C:2023:478, paragraph 72). Subject, in particular, to the application of certain domestic rules of procedure, notably those conferring the force of res judicata on a judicial decision, that principle cannot undermine the substance of the right that consumers derive from Article 6(1) of Directive 93/13 not to be bound by a term deemed to be unfair (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, paragraphs 67, 68 and 71).