The court considered that for contractual terms to be individually negotiated, the contracting parties must have agreed to them through reciprocal exchange of opinions. Therefore, a mere signature at the bottom of a contract is not sufficient evidence that the contracting parties have negotiated each contractual term individually. A theoretical possibility for parties to negotiate each of the terms individually does not prove it has, indeed, happened. Thus, a formal negotiation of contractual terms (e.g., by the consumer merely providing his signature at the bottom of a contract) cannot be considered an individual negotiation within the meaning of Directive 93/13 Art. 3(1). Furthermore, even an explicit confirmation by the consumer that he/she has become acquainted with the standard terms of a contract and has agreed to them does not exclude the applicability of the Directive 93/13/ECC.