MADRID, 14 (EUROPA PRESS)
The Plenum of the Civil Chamber of the Supreme Court has issued a ruling that is considered “abusive “establishes the condition within the agreed mortgage loans to consumers, any interest on arrears that exceed by more than two percentage points the ordinary interest.
The decision builds on the doctrine of the Court of Justice of the European Union and provides that the loan shall accrue exclusively judged the remunerative interest, so you should completely remove the percentage increase in the interest consisting of “abusive” delay.
The same judgment states that in the concerted banking contracts with consumers, it is presumed that clauses are general contracting conditions, subject to control abusiveness, unless both the existence of negotiation to be tested as counterparties that she obtained the consumer.
The Supreme also believes that the abusiveness of a clause not individually negotiated in a contract is officially noticeable when an appeal is resolved.
It also states that the consequences of the invalidity caused by abusive clause in the terms deriving from Community and national law, must be applied automatically by the courts.
default interest at 21.8%.
The Supreme occurs as a result of litigation initially made by Banco Santander Central Hispano in 2011 against an individual, who demanded 16,473 euros of a loan plus 4,942 euros for a penalty interest rate which stood at 21 , 8%.
At first, a canary court of La Laguna upheld the bank and ordered to pay the defendant, who appealed to the fourth section of the Provincial Court of Santa Cruz de Tenerife, in this case itself forced to disburse the loan 16,473 euros, 4,942 euros No default interest, but a figure adjusted to the contractual interest rate.
The Banco Santander filed to the Supreme Court an extraordinary appeal for procedural infringement against the judgment on appeal, and the result of this complaint the judgment known airs Wednesday
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