The period allowed for consumers to request reimbursement of mortgage establishment costs from their financial institutions before 2019 (the year when the new mortgage law was approved) did not end on Tuesday, January 23, as interpreted by those who claimed that this was the case. the right would expire Five years Following the decisions of the Supreme Court on January 23, 2019. In practice, there is a decision made by the European Court of Justice (CJEU) this Thursday. expands indefinitely (not defined) request period is in this range Between 1,500 and 3,000 euros on average.
The decision published by the CJEU this Thursday indicates the date of imposition of sentences by the court. Supreme Court (January 23, 2019) It is not valid to start the countdown of the period in which notary, agency, registration and appraisal expenses will be requested.
The CJEU also annulled the comments of those who thought that the period for claiming costs should end 10 years after satisfying them (According to this interpretation, all mortgages Incorporated after January 2014).
Consumer protection
It’s nothing. According to the decision of the CJEU, any period of time for the request can only begin to be counted after: the consumer was aware of the “malicious nature” of the provisions.. And the “publication” of the “legal interpretation” of the national courts (in this case the Supreme Court)evidence the requirement for information about the consumer in question, abusive character the provision of this article and the legal consequences resulting from it”.
As interpreted in practicefinancial consumers association Asufin, the ECJ decision rejects that the period for claiming costs has already expired. And not only that, it expands it in an undefinable way. “The possibility remains that we will continue to advocate for consumers on their mortgage spending,” the office added. Arriaga Partners.
Almost everyone who signed a mortgage with their bank before the Mortgage Act 2019issuing invoices from a notary, agency, registration and expertise (the new law had already clarified that such expenses would now be borne by the organization).
The Supreme Court established the doctrine in 2019 by ruling that this article was misused. Reimbursement of 50% of notary expenses and the entire remainder. But, The unsolved question was the deadline demanding amounts ranging from 1,500 to 3,000 euros on average.
This was exactly the question that needed to be resolved. CJEUwhereat Barcelona Provincial Court In a request for a preliminary ruling filed in December 2021 affecting the mortgage-related case, he raised two possible scenarios (the date the costs are paid and the date the judgments are published). Caixabank, BBVA, Banco Santander and Banc Sabadell. The answer, in the form of a sentence, came this Thursday.
“Wonderful news”
According to Asufin, in the decision published by the ECJ, it is stated that “No matter how much precedent there is, the consumer knows that the provision is an abuse when he receives it.” last sentence. It is this fact, and not any other, that makes deadlines that cannot be calculated from paying invoices work. State Courts of Barcelona and the Balearic Islands“.
Asufin president Patricia Suárez celebrates Europe’s decision, which “corrects the Supreme Court, the State Courts and even the judges themselves.” banksby detecting this The consumer did not need to know the case law to lodge a complaint”
So when does the period start? “The ECJ did not set a deadline, that’s exactly what it’s about“, they emphasize Asufin. “There is no legal fact on which any deadline can be set, because the CJEU considers that the consumer does not need to learn or understand the scope through any judicial decision,” they add.
From Patricia Suárez’s perspective, the ECJ’s decision “this is great news For all those affected, who can now exercise their rights with peace of mind.” “Consumers are once again supported by the European Court of Justice,” says Jesús Arriaga, co-founder of Arriaga Asociados.
I am waiting for an urgent response from the bank
Moreover, Asufin’s chairman hopes that banks will take action when this news becomes known refund the amounts to your customers to avoid unnecessary saturation of the courts.
Asufin emphasizes that in the decision given by the CJEU, the European court reflects the following points: responsibility of organizations and where there is consolidated national jurisprudence where it is recognised. Abusive nature of some provisions“Banking institutions can be expected to be aware of this and act accordingly,” the decision states. “Well “The bank should have been paying its customers’ expenses for years.”It brings to an end the association headed by Patricia Suárez.