• Judgment: The European Justice rules that banks must return to customers all expenses charged in an abusive manner

The Superior Court of Justice of the European Union has ruled today that the mortgage expenses must be returned to the client if they derive from an abusive clause if previously stipulated by national legislation. It was a long-awaited decision, estimated to affect eight million customers.

What the court has found The European Justice has indicated that all those expenses derived from an abusive clause of constitution or cancellation of a mortgage must be returned to the client. The Supreme Court, on the contrary, chose to distribute these expenses. What expenses do they have to pay me back? All those that affect the opening or cancellation of a mortgage, such as the costs of notary, registrar, agency, registry, taxes ... There is only one exception, which is the Documented Legal Act Tax (IAJD). This is excluded because "there is no rule that establishes the distribution of these expenses until the Mortgage Law of last year. What happens to the opening commission expenses? According to European Justice, it is not essential, it can be valued. The bank You will have to prove that you have reported transparently and that it corresponds to a service actually provided. "The fact that an opening commission is included in the total cost of a mortgage loan does not imply that it is an essential benefit of this," says the judgment. .And the limitation periods? The TEU states that the directive does not preclude the claim of excess money collected under an abusive clause being subject to a limitation period. However, it adds that the fact that the Spanish legislation contemplates a period of five years from the conclusion of the contract "may excessively hinder the exercise of rights" for the consumer and, therefore, "violate the principle of effectiveness" . Do I have the right to reimburse me for the costs? If the clause is abusive, the consumer has the right to have the costs restituted to avoid dissuading the consumer from claiming. According to the Court, when the nullity of a provision is declared in a mortgage contract, the consumer has the right to be exempt from the payment of court costs. How much can they give you back on average? On average, the affected party could recover approximately 1,500 with legal interests, according to calculations by consumer associations.

According to the criteria of The Trust Project

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  • Supreme court
  • European Union
  • Mortgages
  • Floor clause

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