Clausula Suelo – Floor Clauses in Spanish Mortgages

Before the Judgment of the Court of Justice of the European Union of December 21, 2016, Banks offered agreements to their clients with a floor clause by which the financial entities agreed to eliminate this clause from the mortgage without returning the amounts already overcharged and forcing the mortgage holder to sign that they could not take further legal action to, mainly, request that amount they had already overpaid for the floor clause.

 

Until April 2018, the Spanish Supreme Court declared that these modifications or novations were not effective, allowing the option for the consumer to take action to declare the floor clause null and claim the return of all amounts overpaid. It was in April 2018 when the same court issued a new decision and ruled that these agreements constituted a transaction covered by the principle of autonomy of the will and freedom of contracting, so the agreements are valid and, consequently, the choice not to take further legal action was also valid.

 

The Journal of the European Union has recently published the beginning of the file of the preliminary ruling against the doctrine of the Spanish Supreme Court on the validity of agreements that modify or delete the ground clause waiving subsequent actions, raised by the Court of First Instance Nº3 of Teruel. This Court asks whether this practice violates the consumer principles of the European Union.

 

There are other three preliminary rulings being submitted by Spanish Courts on this matter.

María Luisa de Castro

DIRECTOR

María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English speaking clients with legal problems in Spain.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top