Spain’s Supreme Court Administrative Chamber sets new doctrine on punishment to banks by Administration

Supreme Court Judgment 1157/2017, of September 16th, has established as a doctrine that the Administration can sanction the use of abusive clauses in contracts with consumers and users without prior judicial pronouncement by the Civil Judge.

The Contentious-Administrative Chamber of the High Court of Justice of Andalusia had previously annulled four fines imposed by the General Secretary of Consumption of the Junta de Andalucía to Unicaja for abusive clauses. This judicial body maintained that application of the sanctioning regime foreseen in the Law 13/2013, of Defense and Protection of the Consumers and Users of Andalusia, which typifies as an infraction “to introduce abusive clauses in the contracts”, needs the previous declaration of abusive of that clause by a court of the civil order.

This decision by the Supreme Court determines that this doctrine is erroneous and seriously harmful to the general interest, since it will deprive the Administration of the sanctioning power in the matter of consumers and users, specifically in an activity as sensitive as the introduction of abusive clauses.

The Supreme Court adds that European Council Directive 93/13 / EEC of April 5, 1993, on abusive clauses in contracts with consumers, does not attribute that filter to the civil judge for the subsequent exercise of sanctioning power.

©2016 CostaLuz Lawyers. All rights reserved. Privacy policy and cookies. Copyright and disclaimer.