In that judgment, the Court held that, in exercising the jurisdiction to interpret Community law which is conferred on it by Article 234 EC, the Court may interpret the general criteria used by the Community legislature to define the concept of unfair terms, but it may not rule on the application of those general criteria to a particular term, which must be considered in the light of the particular circumstances of the case in question.
In that judgment, the Court held that in exercising the jurisdiction conferred on it by Article 234 EC to interpret Community law, the Court was entitled to interpret the general criteria used by the Community legislature to define the concept of unfair terms, but was not entitled to rule on the application to a specific term of those general criteria, which had to be considered in the light of particula.