The time at which the imbalance must be assessed is the time the agreement was concluded; the scope of the terms must be drafted in plain intelligible language so the borrower is warned of potential risks, especially with regard to exchange rates.
The ECJ also decided that article 4.2 must be interpreted as meaning that the requirement that a contractual term must be drafted in plain intelligible language requires that, in the case of loan agreements, financial institutions must provide borrowers with sufficient information to enable them to take prudent and well-informed decisions.