Judgment_paragraph 22 · FS and WU v First Bank SA (C-593/22)

22Second, as regards the question whether a contractual term reflects, for the purposes of Article 1(2) of Directive 93/13, such a mandatory statutory or regulatory provision of national law, it should be recalled that the exclusion established by that provision of Directive 93/13 is justified by the fact that it is, in principle, legitimate to presume that the national legislature has struck a balance between all the rights and obligations of the parties to certain contracts, a balance which the EU legislature expressly intended to preserve. Moreover, the fact that such a balance has been struck does not constitute a condition for the application of the exclusion laid down in Article 1(2), but the justification for such an exclusion (judgment of 21 December 2021, Trapeza Peiraios, C‑243/20, EU:C:2021:1045, paragraph 35 and the case-law cited).