Does the Uber ruling affect online platforms for the sale and/or rental of real estate in Spain?

The recent Preliminary Ruling of 20th December 2017 from the EUCJ (European Union Court of Justice) raises the question of whether the solution of the European court can be applied to other online platforms that intervene in different markets, specifically in the real estate market for the sale and … [Read more...]

Spain’s IRPH Mortgages to be revised by Europe?

Clients with mortgages linked to the IRPH index in Spain aim to refer their case to the European courts. They have been encouraged by the vote of two Supreme Court Magistrates who believe that the clause does not meet the required transparency control. On November 22, Spain’s Supreme Court ruled … [Read more...]

Spain Supreme Court Decission on the importance of pre-contractual information for mortgage contracts in Spain

SENTENCE No. 643/2017 OF TS, ROOM 1, OF THE CIVIL, NOVEMBER 24, 2017 A recent Sentence which gives protection against abusive clauses to all mortgage debtors who subrogated developer’s mortgage contracts during the real estate boom. This is another sign of the magnificent work the Supreme … [Read more...]

Q&A on European Wills

Today´s Q&A on European Wills: Q-According to old ruling ( before August 2015) when a Brit, whose only  estate assets are in Spain,  or better said: if he does not have estate assets in the UK dies, the UK will have to refer back to Spain and the inheritance laws therein. Consequently any … [Read more...]

European Court stops home repossession on Consumers Law basis

Court of Justice of the European Union passed yesterday (10th of September) a decision (Case C-34/13, Monika Court of Justice of the European Union passed yesterday (10th of September) a decision (Case C-34/13, Monika Kušionová) by which it states that homes cannot be repossessed. This decision … [Read more...]

New victories against banks about floor clause

Suppressing floor clauses from mortgage deeds, refunding unjustly collected customers’ money and paying for procedure costs: this is the content of recent sentences issued between April, 22nd and May, 28th in Spain against 4 different banks and their floor clauses. The sentences are based on Article … [Read more...]

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