FACUA reacts to judicial branch's statement on the ruling on mortgage taxes
The association criticises the uncertainty generated for consumers by the statements made by the president of the Third Chamber of the Supreme Court.
FACUA.org
España-19/10/2018
The Spanish Supreme Court has made a public statement in which it explains that it is leaving the future of the ruling given this Thursday 18 October up in the air. This is the ruling in which it stated that it should be the bank’s responsibility to bear the costs of the tax on document duties, instead of the consumer’s.
On this matter, FACUA recalls that in 2013 the Supreme Court stated that money charged fraudulently through an illegal contractual mortgage clause could not be reclaimed due to «risk of serious disruption with consequences for public economic order». It was up to the European Court of Justice (ECJ) to finally give a resolution which protected consumers. Now, the Supreme Court is attempting to make use of a similar argument to that which was rej
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