New case won by solicitors in Alicante eliminating the floor clause with full retroactivity
Once again a victory against the floor clauses via solicitors. In this case the sentence has been achieved in Alicante where Ibercaja has been sentenced to refund all the interests that was unduly charged to a client for a mortgage on the grounds of a floor clause, according to a sentence which can still be appealed. The judgement contradicts the Supreme Court’s orders that limit the retroactivity of the refund from May 13th in order to avoid undermining the socioeconomic order.
On the contrary, the judgement is in line with the thesis defended by the Audiencia de Alicante´s Eighth Section which last July, for the first time in Spain, raised a preliminary ruling before the Court of Justice of the European Union against the Supreme Court’s doctrine on this matter which contravenes European directives concerning consumers’ rights. Particularly, the Chamber considers that the Supreme Court’s criteria would mean to maintain ‘part of the impact’ of a clause declared void and could be seen as ‘a kind of moderation or integration of the effects of the mentioned clause’ which does not match with the Court of Justice of the European Union’s recent case-law.
The lower court (juzgado de Primera Instancia) number 9 has aligned with this thesis and has allowed a claim from a client that is claiming the bank to refund all the interests that the it had unduly charged him not only from 9th May 2013 when the Supreme Court declared floor clauses void for being abusive, but from the time of signing the mortgage contract in 2006.
‘The implementation of the Supreme Court’s doctrine in relation with the non-retroactivity is difficult to align with article 6 of Directive 93/13/CEE of the Council of 5th Apeil 1993 on abusive clauses found in contracts with consumers, and the Court of Justice of the European Union case-law’ states the sentence passed on 28th January and can be appealed against before the Provincial Court.
The court also finds further contradictions in the Supreme Court’s sentence regarding the legislation, that establishes that abusive clauses are ‘null and void’ and should not be taken into account.
We are continuing to eliminate floor clauses!
We are eliminating floor clauses every week and we feel very positive as we are certain that in 2016 we can help hundreds of consumers to get their money back. Here you can find the details of the claim process with our solicitors.