ATT ASSESSORS Insurance and services Balaguer Lleida

The TJUE obliges banks to return all the money collected by the land clauses


The Court of Justice of the European Union has finally decided that banks should return all the money they have received from clients to their homes that the so-called "ground clauses" would have been incorrectly incorporated, thus denying the position of banking entities That limiting over time the retroactivity, because it understands that this limitation is contrary to the community regulation and, therefore, the banks will eventually have to return to their clients the full amount they have to charge for more and not just starting Of the new May two thousand thirteen as initially determined by the Supreme Court.

In this regard, it should be remembered that the Supreme Court considered abusive the only clauses when it understood that consumers had not been duly informed of the economic and legal burden imposed on them, but was limited on the date of the sentence, May 9 Of two thousand thirteen, the maximum retroactivity so that its annulment only had effects from that date and not before.

The clauses are usually those that set a minimum interest limit on mortgages granted by banks to their clients, avoiding that they have benefited during these years of the fall of the Euribor, the main reference index for the Mortgages

The TJUE establishes that the declaration as abusive of the ground clause "must have as a consequence the restoration of the situation in which the consumer would be found not to have existed the clause", so it must proceed "The restitution of the advantages unduly obtained by the bank to the detriment of the consumer".