The EU allows to claim the abusive clauses of the mortgages

The European justice ruled this Tuesday that mortgage clients can claim abusive clauses and demand a claim, even when these have been executed and the property is sold.

Thomas Osborne
Thomas Osborne
18 May 2022 Wednesday 06:20
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The EU allows to claim the abusive clauses of the mortgages

The European justice ruled this Tuesday that mortgage clients can claim abusive clauses and demand a claim, even when these have been executed and the property is sold.

The decision of the Court of Justice of the European Union occurs at the request of the Provincial Court of Zaragoza on the case of a consumer who signed a mortgage with Ibercaja executed in 2015 and in which the property was sold.

After that, the bank requested the liquidation of the mortgage interest, but the consumer refused, alleging that the clauses of the contract were abusive. However, the Spanish justice system rejected it and ordered the interest to be settled, because the consumer had not refused the foreclosure.

But the client appealed and the Court asked the European justice. The Spanish court indicated that during the mortgage foreclosure procedure, the judge already analyzed whether the clauses were abusive, although he did not make it explicit; and according to Spanish legislation it is prevented from re-examining whether a clause is abusive. Thus, he asked the European justice if this law is in accordance with European law.

Luxembourg rules that this regulation is not compatible, and that "it should not be an obstacle" to protect the rights of consumers. It considers that the consumer does have the right to invoke the abusive clauses in a different judicial process.


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