The high court agreed full retroactivity of the invalidity of this abuse on mortgages
FACUA urges the banks to return the overages of the base lending rate after the Supreme Court ruling
Following the new judicial decision, which meets the guidelines set forth by the CJEU, state and regional governments should fine entities that do not directly repair the damage done.
FACUA.org
España-15/02/2017
FACUA-Consumers in Action urges banks to return without further delay the amounts defrauded through the base lending rate, following the new Supreme Court ruling known this Wednesday. The Plenum of the First Civil Chamber of the High Court has resolved the reactivity of the nullity of the base lending rate, in line with the ruling of the Court of Justice of the European Union (CJEU) of December 2016.
The Supreme Court’s sentence resolves a cassation appeal filed by BBVA in relation to a judgment of the Provincial Court of Barcelona. It considers that banks must return the full amounts overcharged for the application of this clause, and not only those charged only as of May 2013. On that date, the Supreme Court ruled that retroactivity could not be applied, but now it must a
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