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The House of Culture of Caravaca hosts tomorrow a talk on the process to request the return of the clauses soil (09/01/2017)

The House of Culture 'Emilio Sáez' of Caravaca de la Cruz will host tomorrow, Tuesday 10 January, at 19.30 hours, an informative talk entitled 'Closing mortgage floor.

Recover what is yours by right ', organized by the City of Caravaca de la Cruz and the Association of Consumers of Murcia (UCERM).

The expert lawyer Miguel Angel Pouget will speak of the process to request the total repayment of the amount charged by the banks for the so-called floor clauses, following the ruling of the recent judgment of the European Court.

The floor clauses are part of most variable loan agreements and assume that the client had to pay a minimum interest rate, preventing them from being able to benefit from Euribor declines.

The Spanish Supreme Court declared most of these clauses abusive but limited the compensation: the ground clause would no longer apply as of May 9, 2013, but would not be repaid what was previously paid.

Recently, the European Court has ruled that the Supreme Court's decision to limit the retroactive effects of its repayment is incompatible with Community law.

Against this ruling there is no longer any recourse, although it has no immediate practical effects for those affected, who must go to court to appeal.

"European Union law precludes national case-law whereby the resolution effects linked to the nullity of an unfair term are limited to amounts unduly paid after the judgment has been pronounced by means of an abusive character" , According to the European Judgment.

The contrary, it claims, would not give effective protection to the consumer, in accordance with the provisions of the European directive and would limit the deterrent effect of declaring null and void unfair terms.

Source: Ayuntamiento de Caravaca de la Cruz

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UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
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