Judgment_paragraph 38 · M.B. and Others v X S.A (C-6/22)

38That being said, that system of protection does not apply if the consumer objects to it. The consumer is entitled, after having been informed by the national court, not to assert the unfair and non-binding nature of a term, thus giving free and informed consent to the term in question and thereby avoiding the invalidation of the contract (see, to that effect, judgment of 29 April 2021, Bank BPH, C‑19/20, EU:C:2021:341, paragraph 95).