1. What did the First Instance Court No. 2 of Cádiz decide?
The court declared a mortgage opening commission clause, signed between a couple and Unicaja, as null and void due to its abusive nature, obligating the bank to refund €1,812.50, plus interest and legal costs.
2. What was the basis of the judge’s decision?
Judge Alejandro Martín Molina relied on previous judgments from the Supreme Court, the Provincial Court of Asturias, and the Court of Justice of the European Union.
3. What does the bank need to justify the opening commission?
The bank must explain and justify each item related to the opening commission and also demonstrate the actual services provided. Additionally, it should detail the preliminary actions taken before granting the mortgage, such as risk analysis, insolvency evaluation, and guarantees.
4. What is the reference number of the ruling, and when was it communicated?
The resolution number is 1,495/2023, dated August 2, and it was communicated during the week of September 28, 2023.
5. Why can’t banks charge fees for all aspects of the mortgage?
Banking institutions are primarily engaged in lending money, and they cannot charge for information related to the contract.
6. Do banks generally meet these legal requirements?
According to specialists, 100% of the opening commission clauses in mortgages do not describe the preliminary steps for loan approval. Based on this recent comprehensive ruling, opening commission clauses in all mortgage agreements in Spain could potentially be contested.
7. What makes this ruling groundbreaking?
The Cadiz ruling is revolutionary because it establishes a new precedent for challenging the opening commission costs of all mortgages, as none of them detail the necessary analyses.
Read more: Good News For Mortgage Holders In Spain
8. Are there recent cases where banks have ignored the CJEU (Court of Justice of the European Union)?
Yes, there is a recent case involving Unicaja attempting to charge an opening commission, plus VAT, totalling €2,160 for a €150,000 mortgage. The client accepted it due to urgency but promptly pursued legal action afterwards.
Maria Luisa Castro
