The Supreme Court in Spain changes its criteria in relation to consumer agreements

The Supreme Court in Spain has changed its criteria in relation to consumer agreements, provided that it is proven by the Bank that the client was able to know the economic and legal consequences of its acceptance. In a ground clause case in which bank and client reached an agreement in order to … [Read more...]

15 New Cases Won against Banks in 2018

ORIHUELA P1 BANCO SABADELL MONSERRATE CAMARA ALBEROLA & SKY HOUSES LA CAMPANETA MURCIA P1 BANCO POPULAR HUMA MEDITERRANEO ALMANZORA COUNTRY CLUB MURCIA P1 BANKINTER CORVERA CORVERA GOLF & COUNTRY … [Read more...]

Off-plan property case won by CostaLuz Lawyers-DeCastro for a property in ‘Calas del Pinar’ from the developer Peinsa 97 SL

Case won by Costaluz Lawyers-DeCastro in Peinsa 97, SL development “Complejo residential Calas del Pinar”, Pulpí, Almeria. Banco Santander S.A, has been condemned to return to the claimant € 103,493.54 plus the legal interest ( 4%-5% annual) from the dates payments were made to Peinsa. The Bank … [Read more...]

Spain’s Supreme Court hesitation before Banks

The Supreme Court has ruled that client should face the Stamp Duty Tax (AJD) related to the mortgage. In the informative notification issued in advance of the Sentence, the Supreme Court establishes that several situations must be distinguished on this tax: a) Tax related to constitution of … [Read more...]

Spain’s Supreme Court bringing questions before Europe on IRPH index

Last December 2017, the Supreme Court in Spain declared that material transparency control of the IRPH clause was not due as this was a legal index. The sentence, naturally, received harsh criticism and raised doubts about its compliance to the doctrine of the European Union regarding the control … [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...]

Supreme Court Crack Down on Timeshare Contracts

Our Supreme Court is being very brave and wise when sanctioning illegal schemes of timeshare rights which are spread out along the Spanish Coasts. Law which is being applied is from 1998 which rules all existing timeshares in Spain till July 2012, when the current law entered into force. Both … [Read more...]

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